STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
DAM SAFETY AND PUBLIC WATERS WORK PERMIT APPLICATION 2016-0386
FINDINGS OF FACT
Based upon the Findings of Fact and Conclusions contained herein and the entire record of the proceedings:
The Minnesota Department of Natural Resources hereby determines that the Dam Safety and Public Waters Work Permit Application 2016-0386 for the proposed Fargo-Moorhead Flood Risk Management Project, in Clay and Wilkin Counties, Minnesota, and Cass and Richland Counties, North Dakota, is hereby DENIED.
This Order is a final Order appealable pursuant to Minn. Stat. Ch. 14 (2014). If the Permit Applicant wishes to appeal this decision, they must file a written request for a contested case hearing pursuant to Minn. Stat. § 14.57 et. seq. (2014) within 30 days of receipt of the permit decision letter. The demand for hearing must be accompanied by a $500 surety bond or cashier’s check made out to Minnesota Department of Natural Resources. After 30 days, no further appeals may be made. The hearing request and bond or check should be sent to Jack Gleason, Hearings Coordinator, DNR Ecological and Water Resources Division, 500 Lafayette Road, St. Paul, MN 55155.
What was the DNR’s decision on the Dam Safety and Work in Public Waters Permit application?
The DNR denied the Diversion Authority’s Dam Safety and Work in Public Waters Permit.
Why is the DNR denying the permit?
The permit was denied for three primary reasons, which are grounded in Minnesota Rules and Statutes:
• Alternatives: The DNR concluded that the proposed Project does not meet the requirement tobe reasonable, practical, protect public safety and promote public welfare (M.S. 103G.315).
• Plan Consistency: The Project is not consistent with some state and local land use and watermanagement plans in the project area (M.R. 6115.0150; M.S. 103G.0245).
• Mitigation: Although the permit applicant developed a number of new mitigation proposals tomeet DNR concerns, there are mitigation, monitoring and adaptive management needs thathave not been sufficiently addressed (M.S. 103G.245).
Detailed Rationale for the decision can be found in the Findings of Fact document. The document is available online at http://www.dnr.state.mn.us/waters/fm-flood-risk.html