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R ~ <br />• <br />iv. That the proposed connection conforms to the requirements of the <br />Pollution Control Agency and provides for the construction and use of <br />proper disposal works. <br />v. The petition and accompanying documents are incorporated herein by <br />reference as if fully set forth. <br />7. The County Board determines that the appropriate amount to be paid by the City <br />for the, privilege of using the drainage system as an outlet is in an amount equivalent to the <br />costs and expenses of maintenance and repair of that portion of the ditch system used for the <br />conveyance of the water from the municipal outlets authorized in this order. <br />8. The City has an agreement with the Minnesota Department of Transportation <br />for use of a culvert and Swale drawing the waters from. the Ditch directly into the Mississippi <br />River. The City affirmed that such use was a permissible use under its agreement with the <br />Minnesota Department of Transportation. This allows the current flow of Branch 1 of Ditch 10 <br />to continue in existence. <br />Based upon the foregoing and all files records and proceedings herein, THE SHERBURNE <br />COUNTY BOARD OF COMMISSIONERS HEREBY MAKES THE FOLLOWING: <br />• <br />ORDER <br />1. The City of Elk River may use County Ditch No. 10, Branches Al and 1 as a <br />municipal outlet as set forth in the petition as submitted to the County. This approval is <br />conditioned upon the City: <br />A. The City shall maintain and repair Branch A of Branch 1 and Branch 1 <br />of County Ditch No. 10 as presently laid out from the outlet as petitioned <br />for in this order downstream to the Mississippi River. Sherburne County <br />continues to be the ditch authority pursuant to Minnesota Chapter 103E. <br />B. The City shall obtain installation of such additional culvert capacity along <br />Branch 1 and Ditch 10 at the intersection with the Burlington Northern <br />Railroad line as necessary to accommodate drainage from the Hohlen <br />property at the same flowage rate as the outlet herein authorized. <br />C. The ability to transmit water through the portion of Branch A running <br />through the Hohlen property shall be measured by comparing. flows at <br />the outlet authorized in this order with the hydraulic capacity of any <br />downstream flow constrictor. <br />• D. Retention improvements shall be constructed upstream of the outlet so <br />that outlet flows during a 24-hour 100 year storm events shall not <br />exceed the hydraulic capacity of the smallest downstream constrictor. <br />