CASE 0:13-cv-02262-JRT-LIB Document 80

Initial authorization is not the final word on a Corps project. Authorized projects may be modified for a number of reasons including cost changes and design modifications. The Corps may not commence construction on a significant flood control project without both Congressional authorization and a Congressional appropriation(s). Congressional authorization of a flood control project does not guarantee federal funding through a Congressional appropriation.

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CASE 0:13-cv-02262-JRT-LIB Document 79

Nathan J. Hartshorn, MN Assistant Attorney General: The Project would flood thousands of acres of Minnesota farmland in order to expand development opportunities in the Fargo-Moorhead Metropolitan Area. The Project also would require construction of a high-hazard dam on the Red River, upstream of Minnesota communities. This high hazard dam requires MDNR dam safety and work in public waters permits, and triggered a mandatory Environmental Impact Statement (EIS) under Minnesota law.

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CASE 0:13-cv-02262-JRT-LIB Document 78

Nathan J. Hartshorn, MN Assistant Attorney General: MDNR has a significant interest in this matter because the Fargo-Moorhead Flood Diversion Board of Authority (“Diversion Authority”) asserts that the proposed Fargo-Moorhead flood diversion project (“Project”) is not subject to State regulation. The Project would flood tens of thousands of acres of Minnesota farmland in order to expand development opportunities in the Fargo-Moorhead metropolitan area.

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Wild Rice Alternative

Project Failure: U.S. Army Corps of Engineers fails to explore options and alternative that DO NOT promote encroachment and urban sprawl into the last natural flood plain south of Fargo, ND in direct and indirect violation of Executive Order 11988 (EO11988). More to the point, the limited alternatives explored are concentric to the “exploitation for urban sprawl” into the last natural flood plain south of Fargo, ND.

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Fargo Dam and Diversion Costs as of June 30th, 2014

Fargo Dam and Diversion Costs as of June 30th, 2014   Vendor Name Approved Contract/Invoice Amount Liquidated Outstanding Encumbrance HOUSTON-MOORE GROUP LLC 19,890,094.00 13,119,239.51 6,770,854.49 CH2M HILL ENGINEERS INC 12,491,244.99 11,920,819.01 570,425.98 CASS COUNTY JOINT WATER RESOUR 9,167,398.87 9,167,398.87 – COMMERCIAL TITLE LLC 3,869,541.00 3,869,541.00 – TITLE COMPANY 3,641,500.00 3,641,500.00 – OXBOW. CITY OF 2,935,741.87 […]

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Fargo Diversion Authority Ducks Unlimited 404 Permit Deal

Bruce Spiller: “…correct, when we were in final phase with the Corps we tried to get this moved now uhh, now that we have authorization to try to get mitigation because we are going to have extra wetlands on the whole project, um, and tried to get it to separate it and they basically came back with we wouldn’t get a permit if we didn’t go to this.”

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