Back to Communications Opposing State of North Dakota Devils Lake Outlet Plan
September 5, 2003
L. David Glatt, Chief
Environmental Health Section
North Dakota Department of Health
1200 Missouri Avenue
P.O. Box 5520
Bismarck, ND 58504 Fax: 701-328-5200
Original Mailed 9-5-03
Dear Chief Glatt:
Re: Request for Reconsideration on the Final Permit, North Dakota outlet to the Sheyenne River from Devil’s Lake – Permit Number ND-0026247
We have reviewed the permit and decision documents on this project and formally request reconsideration pursuant to North Dakota Century Code 28-32-40.
As we stated in our May 21, 2003 letter regarding the draft permit, the U.S. Army Corps of Engineers’ (COE) Final Integrated Planning Report/Environmental Impact Statement, Devils Lake, ND Study (COE Final EIS) identified biota transfer to be a significant issue. Specifically:
“The increased use of Devils Lake for recreational purposes, combined with the natural dispersal mechanisms of invasive species, results in an extremely high risk that biota of concern could already be present or have a high risk of being introduced into the Devils Lake watershed at any time in the future. If biota of concern are present or invade Devils Lake, the risk is also extremely high that these biota would be transferred. . . into the Sheyenne River if a preventative filtering system were not in place.” (P. 6-69, Final EIS.)
The COE Final EIS goes on to conclude that a sand filter is necessary to prevent the spread of such species, and states it is necessarily part of the project. Furthermore, they state the necessity of the sand filter and long-term monitoring for damaging species in order to be in compliance with Federal Executive Order 13112 on Invasive Species.
The Minnesota Department of Natural Resources believes that the final permit for the state outlet (Permit Number ND-0026247) does not adequately address the impact of introducing exotic species to Minnesota waters. The permit’s requirement to place a screen on the intake structure that is designed only to preclude the movement of adult fish is not sufficient to address our concerns regarding the potential transfer of other biota from Devils Lake to the Sheyenne and Red Rivers. We believe that the same level of risk exists for the state outlet as exists for the federal outlet where the COE determined that a sand filter was deemed an appropriate and reasonable measure to minimize detrimental impacts.
If you have any questions, contact Kent Lokkesmoe, DNR Waters Director at 651-296-4810.
Sincerely,
Gene Merriam
Commissioner
C: Teri Velner, Governor’s Office
Commissioner Sheryl Corrigan, Pollution Control Agency
Karen Olson, Assistant Attorney General
Max Dodson, Assistant Regional Administrator, USEPA Region 8