NDAC 89-02-01-09.2
Department review - Factors considered - Drains of statewide or interdistrict
Cite as N.D. Admin. Code ยง 89-02-01-09.2
significance.
1.
The department has up to ninety days to review and approve or deny drainage applications for
drains determined to have statewide or interdistrict significance under section 89-02-01-07.4
from the time the most recent application amendment detailed under section 89-02-01-07.1 is
received and subject to department and applicant coordination detailed under section
89-02-01-07.2. The ninety-day review period begins the day after the information-gathering
meeting in section 89-02-01-09.1.
2.
The department shall review the board's approval of the application, any information received
or considered by the board as a part of the board's review, and information gathered from the
department's information-gathering meeting under section 89-02-01-09.1. The department
may request additional information, such as plans and specifications of the drain, an operation
and maintenance manual, proof of flowage easements, or additional engineering analysis of
the downstream impacts as a part of the review.
3.
As a part of the department review of applications proposing drainage of statewide or
interdistrict significance, the department shall consider the following factors:
a.
The water volume proposed to be drained and its impact upon the watercourse into
which it will be drained;
b.
Adverse effects that may occur to downstream landowners. This factor is limited to the
project's hydrologic effects, such as erosion, flood duration, sustained flows impacts, and
downstream water control device operation impacts;
c.
The engineering design and other physical aspects of the drain;
d.
The project's impact on flooding problems in the project watershed;
e.
The project's impact on ponds, sloughs, streams, or lakes having recognized fish and
wildlife values;
f.
The project's impact on agricultural lands;
g.
Whether required easements have been obtained; and
h.
Other factors unique to the project.