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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Paul Marquart Questions Fargo Diversion Authority

The lowest existing ground level in the new portion of Oxbow, ND requires a 22.5 foot high levee because it is 10 feet lower than the lowest residential property along Schnell drive in Oxbow, ND. However, the FEMA regulatory flood plain indicates the lowest existing properties along Schnell drive are only 10.8 inches below the FEMA regulatory 100 year flood plain.

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