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Traill County WRD approves permit for 1-mile Elm River cleanout with conditions

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Summary

The Traill County Water Resource District approved Surface Drain Permit No. 6861 for Joel Brandsted to clean out about one river mile of the Elm River upstream of 146th Avenue SE, subject to 12 conditions including erosion controls, a two-year completion requirement and limits on channel dimensions.

The Traill County Water Resource District voted April 7, 2026, to approve Surface Drain Permit No. 6861 for applicant Joel Brandsted to conduct a cleanout of roughly one river mile of the Elm River west and upstream of 146th Avenue SE in Galesburg Township. Manager Andy Neset moved to approve the permit and Manager Jason Lovas seconded; the motion carried unanimously.

The application would allow removal of cattails, silt, logs, sod and beaver dams with specified limits: a maximum channel width of 15 feet, side slopes no steeper than 0.5:1 and a maximum cut of 4.5 to 5.5 feet. The Board adopted Moore Engineering’s responses under North Dakota Administrative Code § 89-02-01-09.2 and attached twelve conditions, including that construction be completed within two years of final District approval, that excavated material not be spoiled in jurisdictional wetlands, that erosion protection be provided during work, and that vegetation be restored to pre-project conditions within one week of completion.

The Board considered comments from federal and state agencies: the U.S. Army Corps of Engineers noted a Section 404 permit may be required; the North Dakota Game and Fish Department recommended a high-water bypass channel and opposed modifying geomorphological characteristics of the river; and the North Dakota Department of Environmental Quality emphasized protections for the Elm River as a Class II waterbody. The Board stated it lacks authority to compel other state or federal permits but recommended the applicant obtain any required approvals and required written consent from Galesburg Township if work occurs in the township right-of-way.

Board engineer Nathan Trosen told the Board Moore Engineering concluded the project would not cause adverse downstream impacts under the proposed plan. Board attorney Sean Fredricks will prepare the Notice of Decision and notify the Department of Water Resources and parties of record. Secretary-Treasurer Jessica Spaeth was authorized to sign Permit No. 6861.