North Dakota Ag Connection - DNR: Fargo-Moorhead Flood Diversion EIS Adequate

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DNR: Fargo-Moorhead Flood Diversion EIS Adequate
North Dakota Ag Connection - 06/30/2016

The Minnesota Department of Natural Resources has determined that the environmental impact statement (EIS) for the Fargo-Moorhead Flood Risk Management Project meets the state's standards for adequacy.

DNR Commissioner Tom Landwehr said the process leading to the completion of the state's EIS has been objective and thorough.

"The adequacy determination is not an endorsement or approval of the proposed project," Landwehr said. "It does not mean the project has received the permits and approvals needed to proceed to construction."

Important policy and technical considerations remain to be addressed as part of the DNR's Dam Safety and Work in Public Waters permit decision-making process.

"The EIS identifies several significant concerns about this project that will need to be addressed prior to permitting decisions," Landwehr said. "A particular concern regards how the project would impact the area upstream of the dam."

Landwehr said the appropriate place to consider these issues is in the permit decision process. Primary unresolved questions noted in the EIS include:

-- Whether the proposed Fargo-Moorhead flood diversion project would provide a reasonable alternative that addresses flood risks in the area.

-- Whether the proposed project is compatible with land use and water management plans in the area.

-- Concerns the proposed mitigation does not satisfactorily address all the impacts the mitigation would have on the area.

In determining the EIS is adequate, the DNR followed state law and based its decision on these three criteria:

-- Does the EIS analyze the topics identified in scoping?

-- Does the EIS respond to comments received on the draft?

-- Did the DNR follow the process established in state statute and rule for preparing an environmental impact statement?

Prior to making its adequacy determination, the DNR reviewed all of the comments the agency received on the Final EIS and considered them in relation to the three criteria.

The agency also has produced a record of decision that articulates the basis for its adequacy determination and documents its consideration of the comments it received on the Final EIS.

The DNR received a Dam Safety and Work in Public Waters permit application for the project on Feb.18. As required by state law, decisions on the permit application were deferred until the EIS was deemed adequate. The proposed project now transitions entirely to the permit decision process.

At this time, the agency is unable to estimate timelines for permit decisions.

"I can say that this permit application is quite complex and will require careful consideration of both policy and technical questions," Landwehr said.

The permit decision process evaluates the details of a project to determine whether it can comply with all applicable environmental regulations. If issued, permits would establish the required measures needed to avoid, minimize or mitigate environmental impacts.

As proposed by the Diversion Authority, the Project design features include:

-- a 30-mile long diversion channel.

-- a 6-mile long connecting channel.

-- 12 miles of tie-back embankments.

-- 4 miles of overflow embankment.

-- levee/floodwall features in Fargo and Moorhead.

When in operation, the project staging area would store flood waters on about 33,000 acres within a 38,400-acre area, in order to avoid increases in downstream flooding. Flows would be controlled via two dams, one on the Red River and one on the Wild Rice River.

The Wild Rice River dam would be located in North Dakota and not subject to Minnesota permit requirements.

The DNR has determined that the proposed dam on the Red River would be classified as a Class I Dam under the State's Dam Safety permitting rules. The dam would need a DNR Dam Safety and Work in Public Waters permit prior to construction.

The EIS record of decision and other materials that help explain the agency's decision are posted at www.dnr.state.mn.us/input/environmentalreview/fm_flood_risk/index.html.

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