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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MN DNR Letter to Darrell Vanyo Diversion Authority Chair 2014-04-22

The OHB levee is a project component of the F-M Project, without an independent basis for its construction as proposed. In light of the jurisdictional challenges and to protect the integrity of Minnesota’s environmental review process we will consider the OHB levee as a component of the F-M project in the state EIS. Consistent with Minnesota law, MDNR will not be making any final governmental approvals on the F-M project or any component thereof until the state’s EIS process is complete.

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