It cannot;
The currently proposed LPP contained in the July 2011 (Sept 2011 release) directly and indirectly violates EO 11988.
Executive Order 11988 prohibits support of floodplain development if there is a practicable alternative. If no practical alternative exists, then impacts to the floodplain must be minimized. Over 200,000 acre feet of natural floodplain water south of the metro area will be displaced by Fargo, Cass County and the United States Army Corps of Engineers into areas that do not have a previous history of flooding.
Several practical alternatives within the FEIS were rejected by Fargo and Cass County because they did not foster growth into the natural flood plains surrounding Fargo, ND. There are other alternatives that were proposed to the USACE, however, summarily rejected as they were not consistent with the development goals set by Fargo and Cass County, ND officials.
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