8/29/2007 – Public Notices

OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

August 7, 2007

The Benson County Commissioners met in regular session on Tuesday, August 7, 2007 at 8 a.m.

Commissioners present were Curtis Hvinden, Michael N. Steffan, Lowell Haagenson, Dwain Brown and Jason Lee. The meeting was called to order by Chairman Hvinden.

A motion was made by Brown, seconded by Haagenson, to approve the minutes of the regular meeting of July 17, 2007. All members voted yes.

The motion carried unanimously.

Karen Halle, Lake Region District Health Unit, and Shelley Aabrekke, public health nurse, met with the board to present the 2008 budget for the district health unit. The budget included an increase of $1,800. Halle stated the legislature increased the state aid distribution which will assist in paying the recent increased costs of the health insurance premium. She further stated the district health unit employs 13 full-time and

11 part-time workers. A conference call will be held on Sept. 4, 2007 at 8:30 a.m. to finalize the budget.

Sheriff Steven J. Rohrer met with the board to introduce the new deputy hired. The new deputy will be stationed in Leeds. The board stated it bid on and purchased the patrol car formerly used by the City of Leeds for the sum of $600. Rohrer presented vouchers for the two deputies currently employed who worked while he was on vacation and National Guard duty. The board telephoned State’s Attorney James P. Wang to verify the vouchers could be paid. State’s Attorney Wang indicated the vouchers could be paid as long as it is known to the deputies the payment will not be construed as overtime pay and the money to pay the vouchers has been allocated in the sheriff’s department budget. A motion was made by Steffan, seconded by Lee, to pay the vouchers from the sheriff’s department budget. All members voted yes. The motion carried unanimously.

Rohrer informed the board the City of Leeds signed the Police Services Contract that was presented. Rohrer requested an increase in pay for Deputy Holweger as he is chief deputy and money is now coming in from some of the cities for contracting services. The board informed Rohrer this issue would need to be addressed in the upcoming 2008 budget.

Jo Dahlen, VSO officer, met with the board and gave a report on what the VA spends throughout Benson County for veterans services.

A motion was made by Lee, seconded by Haagenson, to approve issuing a gaming permit to the Pleasant Lake Reunion Committee for the period August 9, 2007 to December 31, 2007. All members voted yes. The motion carried unanimously.

A motion was made by Lee, seconded by Steffan, to approve the removal of the carpeting in the FNEP Office in the courthouse. All members voted yes.

The motion carried unanimously.

At 9 a.m. a public hearing was held regarding the annexation of all of Mission Township and Sec. 9, 10, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23 and 24 of Lohnes Township exclusive of the areas which are the accepted responsibility of the BIA/Fort Totten Fire Department, into the Devils Lake Rural Fire Protection District. No person appeared from the public for the hearing. A motion was made by Steffan, seconded by Haagenson, to have the chairman sign the order for annexation. All members voted yes. The motion carried unanimously.

The board reviewed the job applications submitted for the custodian position at the courthouse. A motion was made by Lee, seconded by Haagenson, to continue the advertisement for the position in the Farmers Press for another week. All members voted yes. The motion carried unanimously.

Ellen Huffman, tax equalization director, met with the board and presented an Application for Abatement on parcel #18-000-03980-010 for the tax years 2005, 2006 and 2007. A motion was made by Lee, seconded by Brown, to approve the abatement.

All members voted yes. The motion carried unanimously.

The board reviewed a letter from the Office of the State Tax Commissioner dated August 2, 2007 regarding HB 1303. The board discussed how the county will implement the new changes.

The board reviewed the summary report and the health insurance questionnaires presented by county employees as to whether or not the county should transfer health and dental insurance coverage from NDPERS BlueCross BlueShield to a self-funded plan. A motion was made by Steffan, seconded by Lee, to not transfer health coverage to a self-funded plan at this time based on the input received from county employees. All members voted yes. The motion carried unanimously. The board will continue to explore alternatives for health insurance coverage for county employees due to the increased costs of the NDPERS BlueCross BlueShield plan.

Gene Hager, Benson County Road Superintendent met with the board and gave an update on work being done by the road department. He discussed the possible work needed on the township road north of Tokio. He gave an update on the three PW projects currently in progress. He stated Wold Engineering estimated the title work for the wetlands on the project in Normania Township will cost between $300 and $500. He informed the board of an upcoming meeting on homeland security issues. He asked the board if the department could purchase 24 new tires for four of the blades used by the road department. He stated this cost would need to be added to his 2007 budget. He requested permission to purchase 12 of the tires in 2007 and the remaining tires in 2008. The estimated cost per year would be $7,500. Steffan suggested the dollars needed for purchasing the 12 tires in 2007 should already be in the road department budget as the department has not replaced the last employee who quit.

Hager discussed the issue of having to start charging sales taxes to individuals who purchase gravel and culverts, etc.

The board reviewed the draft agenda for the August 8, 2007 meeting of the Devils Lake Basin Joint Water Resource District Board and the minutes from the April 24, 2007 meeting of the Lake Region District Health Unit.

A motion was made by Lee, seconded by Brown, to pay all county approved bills. All members voted yes. The motion carried unanimously. The following bills were paid:

US Postmaster $61.81

Distribution of Entities 50,215.08

Alltel 76.06

Esmond City 25.50

ND Telephone Co 203.58

Social Welfare 6,358.27

John Follman 306.62

Terry Follman 1,408.11

Alltel 28.95

Chad’s Amoco 60.02

Minnewaukan City 104.95

Jason Lee 90.88

Conseco Health Ins Co 108.30

Dean Petska 50.00

Farmers Union Oil-Mdk 241.28

Information Technology

Dept 390.71

James Wang 580.00

Nationwide Retirement

Services 20.00

ND Telephone Co 758.58

Quality Photo 37.76

US Postmaster 41.00

Sky Dancer Hotel &

Casino 45.00

John Follman 393.55

Terry Follman 595.32

Aflac 306.40

BCBS of ND 3,348.48

Colonial 131.83

Jobservice 2,315.85

State Tax Commissioner 4,439.90

Protective Life Ins Co 375.89

Lana Johnson 425.83

ND Public Employees

Retirement 10,078.94

Nationwide Retirement

Solution 2,110.00

ND Game & Fish 57,245.00

Nodak Electric Co-op 40.78

Nationwide Retirement

Solution 90.00

Sage Software 379.95

Social Welfare 9,635.37

B & H Oil 6,513.29

Benson Co Highway Dept 40,787.00

Butler Machine 1,688.91

Carquest Auto Parts 87.97

Caterpillar Financial 51,299.22

Cory Christofferson 3,553.50

Clute’s Office Equipment 160.45

Maddock City 59.65

Minnewaukan City 39.50

Farmers Union Oil-Mdk 9,924.80

Farmers Union Oil-York 1,773.82

Farmers Union Oil-McVille 1,422.75

GCR Tire Center 1,541.92

Gofer Sanitation 298.00

Home Of Economy 26.97

Harlow Sanitation 15.00

Lake Lumber, Inc 30.00

Little Falls Machine, Inc 130.21

Lyle Signs, Inc 283.93

Mac’s, Inc 308.68

Moller’s, Inc 54.50

Dakota Implement 100.18

Gus’s Auto Parts 310.96

North Central Planning

Council 1,466.38

ND Emergency Mgt Assn 80.00

Northern Plains Elec

Co-op 78.00

Office Depot 117.65

Otter Tail Power Co 29.40

Otter Tail Power Co 156.96

US Postmaster 259.50

Prairie Truck & Tractor

Repair 625.34

Praxair Distribution, Inc 215.39

Theco, Inc 703.49

Wal-Mart 40.43

Wanda Teigen 8.20

Daryl Biby 74.31

Lyndon Olson 74.31

Tim Finley 128.50

Warne Chemical 85.82

Wanda Teigen 97.87

Benson Co Highway Dept 576.54

Benson Co Transportation 800.00

Leeds City 600.00

Clute’s Office Equipment 136.64

Michael Steffan 80.00

Curtis Hvinden 80.00

Jason Lee 59.00

Dwain Brown 77.00

Lowell Haagenson 68.00

Crossroads 223.36

Farmers Union Oil-Mdk 138.90

Jean Olson 125.50

Jodie Koch Scherr 174.57

JS Vending, Inc 102.60

Kelly Inn 50.00

LR Law Enforcement Ctr 4,424.82

McQuoid’s Grocery 635.81

Maddock Mini Mart 286.29

ND Assn of Counties 184.75

ND Newspaper Assn 154.50

ND Public Employees

Retirement 23,406.54

NDSU Extension Service 25.00

North Star Community

Credit Union 70.00

Office Depot 90.51

Otter Tail Power Co 521.45

ND Pesticide Program 56.00

Quality Photo 8.00

Prairie Public Broadcasting 150.00

Benson Co Farmers Press 640.90

Roosevelt Inn & Suites 59.96

Sandness Law Office 75.00

Stutsman Co Auditor 36.00

Minnewaukan School

Dist 5 10.00

Scott Knoke 78.00

Universal Services 117.00

Vondal’s Electric 432.00

Social Welfare 4,921.19

Distrubution of Entities 72,048.58

ND State Treasurer 9,139.61

JULY 2007 NET PAYROLL

County Agent $450.61

Emergency Disaster 935.04

Emergency Administration 860.67

Local Emergency

Planning 277.02

VSO 702.31

County General 28,572.71

Social Services 26,196.85

County Road 32,569.63

A motion was made by Lee, seconded by Haagenson, to appoint Michael N. Steffan as the NDACo delegate for Benson County for a period of two years. All members voted yes. The motion carried unanimously.

A motion was made by Brown, seconded by Haagenson, to transfer $51,299.22 from the State Revenue Sharing Fund to the Road & Bridge Fund.

All members voted yes. The motion carried unanimously.

A motion was made by Steffan, seconded by Lee, to transfer $3,000 from the General Fund to the Emergency Disaster Fund. All members voted yes. The motion carried unanimously.

At 11 a.m. a public hearing was held on the Lake Region District Health Unit Budget. No person appeared from the public for the hearing.

The motion carried unanimously to adjourn the meeting at 11:15 a.m.

Bonnie Erickson

Benson County Auditor

Curtis Hvinden

Chairman

(Publish Aug. 29, 2007)

MINUTES OF MEETING

WARWICK SCHOOL BOARD

June 12, 2007

The Warwick School Board met Tuesday evening, June 12, 2007 in the Computer Room. Present were McKelvey, Gravdahl, Brown, Christoffer-son and Thiele. Others present were Mr. Jacobson, Mr.

Riedinger, Mr. Guthrie and Barb Eversvik.

Roll call was held to establish a quorum. All were present.

Additions to the agenda were: board negotiations and strategies – executive session.

Gravdahl moved and Chrstofferson seconded a motion to approve the agenda. Motion carried.

Brown moved and Christofferson seconded a motion to approve the minutes as presented. Motion carried.

Gravdahl moved and Christofferson seconded a motion to pay the following bills. Motion carried. Bills approved for payment were:

Paul’s Greenhouse $34.82

Postmaster 17.33

Amy Olson 50.00

Sandra Barber 50.00

Debra Bertsch 50.00

Patti Clifton 50.00

Darcie Delorme 50.00

Corene Dunbar 50.00

Shirley Erickson 50.00

Barbara Eversvik 50.00

Linda Ferguson 50.00

Charles Guthrie 50.00

Steve Jacobson 50.00

Janna Jensen 50.00

Roxanne Laugsand 50.00

Jan Loe 50.00

Kathy Magnan 50.00

Gene Riedinger 50.00

Carol Walford 50.00

Jodi Wellman 50.00

Amerpride 69.70

Balfour 299.00

Benson Co. Farmers Press 275.11

Eleanor Cavanaugh 1,000.00

Central Business Systems 10.12

Cole Papers 90.27

College of Education 20.00

Creative Impressions 91.94

Custers Cottage 510.00

Dacotah Paper Company 130.95

Ecolab 131.50

Shirley Erickson 156.88

Barbara Eversvik 11.44

Fargo Public School 3,578.31

Fort Totten School 9,563.36

Gerrells & Company 190.00

Grand Forks Public School 21,087.74

Charles Guthrie 131.25

Lorna Harding 65.00

Ron Jacobson 65.00

Steve Jacobson 30.00

Lake Region Special Ed 2,015.00

Leevers County Market 87.30

Mack Plumbing 370.45

Pearce & Durick 409.19

Postmaster 96.00

Rolette Public School 900.00

School Specialty Inc. 99.96

Cecil Stewart 37.66

Art Thompson 65.00

Wally’s Supermarket 42.60

Warwick City 330.00

Wells Fargo Brokerage

Services 12,859.91

Delta 68.98

Gerrells & Company 26.00

Steve Jacobson 75.00

Wal-Mart 361.75

Warwick Oil 948.50

Trevor Yetterboe 29.39

Postmaster 15.34

Janna Jensen 280.00

A. Daigger & Company 29.49

Lindsay Allmaras 20.13

Childcraft 855.49

Dacotah Paper Company 6.49

Devils Lake Public Schools 2,440.00

ETS-Teaching & Learning

Division 40.00

Farm Plan 98.54

Farmers Union Oil 457.11

Food Services of America 257.30

Grand Forks Public School 9,134.74

JS Vending Inc. 88.20

Leevers County Market 11.45

Mack Plumbing 12.52

Mackin Library Media 2,000.00

MCI 97.06

McVille Hardware & Lumber 4.77

Menards – Fargo 42.35

Menards 50.85

Amy Olson 170.86

Otter Tail Power Company 6.65

Pearce & Durick 356.29

Really Good Stuff, Inc. 391.94

Simplexgrinnell 459.00

US Foodservice – GFG

Division 6.00

Wal-Mart 141.03

Chase (Title VII) books 4,130.26

Recorded Books 62.50

Teacher’s Discovery 244.45

Wal-Mart 29.40

Success for All Foundation 6,380.00

ND Telephone Company 425.62

Tate Topa Tribal School 4,299.16

Board members’ reports: Gravdahl reported that she attended the Elementary IV meeting in Bismarck. Gravdahl and Mr. Guthrie reported on the NESC meeting they attended on June 12.

Principal’s report: Mr. Jacobson gave an update on the pre-school program. We now have 14 students enrolled and adequate space is a big consideration at this time. It was recommended to keep the numbers at 14 this first year.

Mr. Riedinger reported that gradua-tion went well. We are now having summer school with about 50 students in grades K-12.

Mr. Riedinger made a request to stay in the school house until June 30. It was the consensus of the board to allow this.

Superintendent’s report: Mr. Guthrie reported there will be an interview with a high school principal on June 19 at 10 a.m.

Christofferson moved and Gravdahl seconded a motion to approve the school calendar for the

2007-08 school year with school starting on August 20 and ending on May 16. The motion carried. Discussion was held on changing the daily schedule from 9 a.m. to 4 p.m.

Raising the mill levy was discussed.

Christofferson moved and McKelvey seconded a motion to table this until the July meeting. Motion carried.

There were 122 voters in the school board election. For the at-large position, Cory Christofferson received 59 votes and Eleanor Cavanaugh received 45 votes. Cory Christofferson was declared the winner for a one-year term.

For the position to represent Mission Township and the northern half of Wood Lake Township, Larry Thiele received 60 votes and Terry Smith received 53 votes. Larry Thiele was declared the winner for a three-year term.

For the position to represent the City of Warwick and Warwick, Odessa and Minco Townships, Joan Black received 69 votes and Donna Christofferson received 48 votes. Joan Black was declared the winner of a three-year term.

The vote was 94 in favor of publishing school board minutes in the official newspaper and 14 against.

McKelvey moved and Christofferson seconded a motion to accept the election results. The motion carried.

Gravdahl moved and McKelvey seconded a motion to accept the resignation of Melaine Harlen. Motion carried.

Mr. Guthrie recommended that Darcie

Jackson-Delorme be hired as the Home School Coordinator. Brown moved and Christofferson seconded a motion to hire Darcie as the Home School Coordinator. Motion carried.

Mr. Guthrie recommended that Cory Delorme be hired as a high school para-professional and bus driver. Brown moved and Gravdahl seconded a motion to hire Cory. Motion carried.

Christofferson moved and Gravdahl seconded a motion to hire Danielle Newell-Foss as the third grade teacher pending background checks. Motion carried.

Gravdahl moved and Brown seconded a motion to hire Thomas Hill as music and art teacher pending background checks. Motion carried.

Gravdahl moved and Christofferson seconded a motion to adjourn to executive session at 9:27 p.m. Motion carried.

The board met in executive session.

The Warwick School Board reconvened in open meeting at 10:30 p.m. Present were Brown, Christofferson, Gravdahl, McKelvey and Thiele.

Others present were Mr. Guthrie, Mr. Jacobson and Mr. Riedinger.

Negotiations were discussed in executive session.

Meeting adjourned.

Carol Walford

Business Manager

Larry Thiele

President

MINUTES OF MEETING

WARWICK SCHOOL BOARD

June 21, 2007

The Warwick School Board met Thursday morning, June 21, 2007 in the IVN Room. Present were Thiele, McKelvey, Christofferson and Brown. Gravdahl was absent.

Negotiations were discussed. Brown moved and Christofferson seconded a motion to accept the proposed negotiated contract. Motion carried.

Mr. Guthrie recommended that Charles Frederickson be hired as the high school principal with conditions that his North Dakota Teaching Certificate and Secondary Principal Certificate are current. Brown moved and McKelvey seconded a motion to offer Mr. Frederickson a contract. On roll call vote, all were in favor.

Personnel issues were discussed.

Carol Walford

Business Manager

Larry Thiele

President

MINUTES OF MEETING

WARWICK SCHOOL BOARD

July 24, 2007

The Warwick School Board met Tuesday evening, July 24, 2007 in the computer room. Present were Gravdahl, Christofferson, Brown, McKelvey and Thiele. Others present were Cory Christofferson, Joan Black, Beth Neuman, Jodi Wellman, Mr. Guthrie and Mr. Jacobson.

The meeting was called to order at 7:30 p.m. by President Larry Thiele.

Roll call vote was held to establish a quorum. All were present.

Addition to the agenda was the use of the school for Warwick Day.

Gravdahl moved and Christofferson seconded a motion to approve the agenda. Motion carried.

Gravdahl moved and Christofferson seconded a motion to approve the minutes of the June 12 and June 21 meetings. Motion carried.

McKelvey moved and Gravdahl seconded a motion to approve the bills presented. Motion carried. Bills approved are as follows:

Department of Public

Instruction 100.00

Department of Public

Instruction 65.00

Stamp Fulfillment Services 468.60

Ameripride 119.81

AVI Systems Audiovisual

Inc. 9,887.02

Benson Co. Farmers Press 98.82

Business Education

Publishing 372.75

Central Business Systems 1,464.39

Cole Papers 4,868.40

Connecting Point 330.00

Demarque 300.00

Demco 146.61

Devils Lake Daily Journal 110.00

Devils Lake Glass & Paint 320.97

Duchscherer Supply Inc. 18.99

Ebsco Subscription

Services 784.98

Edline 1,332.00

Educators Publishing

Services 45.00

Edutech 3,045.00

Farm Plan 63.80

Farmers Union Oil 93.04

Follett Software Company 450.00

Harcourt Brace & Company 969.60

Highsmith Co. 58.45

John R. Green Company 130.03

JS Vending Inc 188.85

Lakeshore 92.80

Learning Seed 59.00

Leevers County Market 26.36

MCI 82.38

Menards 201.16

Mid-American Research

Chemical 1,538.50

NAFIS 1,109.00

NASCO 256.10

NDASBM 35.00

NDCEL 1,462.00

NDHSAA 250.00

Network Center, Inc. 3,785.63

Northwest Evaluation Assn. 5,212.00

ODIN 79.20

Quill Corporation 53.46

Really Good Stuff Inc. 76.95

Rubicon International 1,400.00

Sax Arts & Crafts 278.74

School Specialty Inc. 473.73

Software Unlimited 2,050.00

State Fire & Tornado Fund 2,355.52

Cecil Stewart 6.28

Thomson Learning 919.79

Tiger Direct 51.45

Wal-Mart 33.60

Warwick City 374.50

World Almanac Education 89.89

Superintendent’s report: Mr. Guthrie reported on the shortage of classrooms.

Principal’s report: Mr. Jacobson reported on the Pre-K Program and said we cannot take any more students, as we do not have a big enough classroom.

The mill levy was discussed and it was decided not to take any action at this time and to look at it again next year.

Classroom space was discussed and Mr. Guthrie presented the bids he had received to install a bathroom where the fifth and sixth grade classrooms are. Christofferson moved and Brown seconded a motion to get more bids. Motion carried.

Discussion was held on the letter that board members had received from Mrs. Schmidt. Mr.

Guthrie informed the board he had faxed the letter to the school attorney and no action will be taken at this time.

Donna Christofferson was presented a plaque for her 24 years of services on the school board.

Bernadette Brown was given a gift for her one year of service on the school board.

Christofferson and Brown left the meeting at 9 p.m.

The meeting was turned over to Superintendent Guthrie.

Cory Christofferson and Joan Black were sworn in as new board members.

Nominations for president were called for.

Gravdahl moved to nominate Larry Thiele. Black seconded. McKelvey moved and Gravdahl seconded a motion that nominations cease. Motion carried.

The meeting was turned back to President Thiele.

Nominations for vice president were called for.

Gravdahl moved to nominate Johnnie McKelvey.

Christofferson seconded. There were no further nominations and Johnnie McKelvey was declared vice president.

Gravdahl moved and Black seconded a motion to leave the school board compensation at $50 a meeting plus mileage. Motion carried.

Christofferson moved and McKelvey seconded a motion to have board meetings the second Tuesday of each month at 7 p.m. for the months of June, July and August. During months the school is in session, the meetings will be held at 5 p.m. Motion carried.

McKelvey moved and Gravdahl seconded a motion to designate the Benson County Farmers Press the official school newspaper. Motion carried.

Black moved and McKelvey seconded a motion to accept the Pledge of Depositories and Securities with Western State Bank. Motion carried.

McKelvey moved and Gravdahl seconded a motion to appoint Mr. Guthrie as the authorized representative for Title I Programs and all other local, state and federal programs. Motion carried.

Gravdahl moved and McKelvey seconded a motion to accept Justin Klein’s resignation as sixth grade teacher, athletic director and boys’ basketball coach. Motion carried. Discussion was held on hiring of coaches. It was decided to advertise in the Devils Lake Journal for varsity boys’

basketball, seventh and eighth grade and fifth and sixth grade girls’ and boys’ coaches. It was also decided to set up a committee of board members, parents, students and staff to interview the coaches. Cory Christofferson asked for a key to open the gym. It was decided to wait until the committee is organized and discuss this again.

Gravdahl moved and Christofferson seconded a motion to hire John Sjoquist as sixth grade teacher, pending all background checks. Motion carried.

McKelvey moved and Gravdahl seconded a motion to hire Cherry Heinz as school counselor, pending all background checks. Motion carried.

Christofferson moved and Gravdahl seconded a motion to hire Amarais ChargingCrow as elementary para-professional, pending background checks. Motion carried.

McKelvey moved and Gravdahl seconded a motion to hire Dori Walter as elementary para-professional with stipulation that she pass the test to become highly qualified and all background checks are in order. Motion carried.

There are two positions yet to be filled: school secretary and elementary para-professional.

Gravdahl asked if the school multi-purpose room could be used on Sunday, July 29 for Warwick Day if it rained. McKelvey moved and Christofferson seconded a motion to let the community use the school. Motion carried.

The next regular meeting will be August 14 at 7 p.m. and a meeting for the budget will be held on August 21 at 5 p.m.

The meeting adjourned at 10:35 p.m.

Carol Walford

Business Manager

Larry Thiele

President

NOTICE TO CREDITORS

IN THE DISTRICT COURT OF BENSON COUNTY, STATE OF NORTH DAKOTA.

In the Matter of the Estate of John Fogelson, also known as John Edward Fogelson, also known as Jef Fogelson, Deceased.

NOTICE IS HEREBY GIVEN that the undersigned have been appointed co-personal representatives of the above estate. All persons having claims against the said deceased are required to present their claims within three months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be presented to Lacie L. Fogelson at 815 2nd Ave. S #2, Fargo, ND 58103 or Mark Fogelson at 37021 County Hwy. 35, Waubun, MN 56589, co-personal representatives of the estate, or filed with the court.

Dated this 13th day of August, 2007.

-s-Lacie L. Fogelson

Lacie L. Fogelson

Co-Personal Representative

-s-Mark Fogelson

Mark Fogelson

Co-Personal Representative

Elroy Hanson

Wambach & Hanson Law Office

PO Box 340

Mahnomen, MN 56557

(218)935-2266

Fax: (218)935-2267

Atty License No: 01424

First publication on the 22nd day of August, 2007.

(Publish Aug. 22 & 29 & Sept. 5, 2007)

CATEGORICAL EXCLUSION DETERMINATION

FOR THE PROJECT: Leeds (Benson County), North Dakota DRINKING WATER STATE REVOLVING LOAN FUND PROJECT NO: 0300553-02 The North Dakota Department of Health (NDDH) has conducted a review of the proposed Water System Distribution Improvements for the city of Leeds in accordance with the National Environmental Policy Act (40 CFR-6). The NDDH has determined that this project is eligible for a Categorical Exclusion and exempt from further substantive environmental review. Because the project meets the criteria for a Categorical Exclusion, a full Finding of No Significant Impact and Environmental Assessment will not be required. A description of the project and a brief statement of how the project meets the criteria for a Categorical Exclusion follow:

The project consists of (1) piping, valve and control modifications; (2) miscellaneous piping modifications; and (3) water treatment plant tower supply valve.

This project is being granted a Categorical Exclusion because it involves construction inside the existing water treatment plant and within areas considered previously disturbed. The NDDH has determined that exempting the proposed project from further review under the National Environmental Policy Act will not result in adverse impacts to the population or area of Leeds.

The documentation to support this decision will be on file and available for public review at the NDDH, Division of Municipal Facilities. Comments concerning this decision may be addressed to Chuck Abel, Environmental Engineer, Division of Municipal Facilities, Environmental Health Section, 918 E Divide Avenue, Bismarck, ND 58501-1947.

Dated the 21st day of August, 2007.

D. Wayne Kern, P.E.

Director

Division of Municipal Facilities