Case Civil No. 13-2262 (D530) | US District Court, District of Minnesota (MN DNR SUR-REPLY BRIEF)

An April 27, 2016 Corps’ Memorandum similarly shows that the Corps understood the PPA could not be signed unless the Corps provided assurances that the congressionally-approved Requirement was met. Ultimately, the Corps agreed to the Requirement limiting the Corps’ ability to enter into the PPA, took the money, and then abdicated its responsibility to assess the state regulatory and permitting issues affecting the project. The Corps simply ignored the state regulatory issues.

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Acts of Defiance and Failed Leadership

Willful act or complete incompetence? Instead of respecting FEMA guidance or conveying and insisting that letter content be observed by engineers, the Fargo Diversion Authority defies FEMA warnings regarding encroachment and placed the eastern reach of the new OHB levee directly into the “floodway and adjacent flood plain areas” to accommodate Oxbow golf course features, according Aarron Snyder, U.S. Army Corps of Engineers.

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Defending Richland and Wilkin counties February 20th, 2014

Many people don’t trust the Diversion Authority or the Corps when they say the people upstream won’t be harmed by their project. Projects of this magnitude always have unintended consequences. Their pattern of behavior says this project is meant to protect Fargo and its future development land and the rhetoric and promises will never be kept.

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