OSE Exhibit 3

April 23, 2020

John Paczkowski
Interim State Engineer
ND State Water Commission
900 East Boulevard Ave
Bismarck, ND 58505

TWIN LAKES EMERGENCY DRAINAGE PERMIT COMMENTS

The North Dakota Department of Transportation (NDDOT) has concerns for ND Highway 13
due to drainage resulting from the overflow of Twin Lakes. Twin Lakes is a prairie pothole lake
system consisting of two large depressions within LaMoure County, North Dakota, about 2 miles
northeast of the City of LaMoure. The water level has been rising since the early 1990s and is
close to reaching the overflow elevation of 1403.3 feet. ND 13 is located approximately 1.5
miles south of the outfall of Twin Lakes. Upon the lake reaching the overflow elevation, the
water will drain down a channel towards ND 13. At the point where the water from Twin Lakes
enters the NDDOT Right of Way (Reference Point 298.9) there is an existing 42” x 94’
Reinforced Concrete Pipe (RCP) that will convey the flow from the lake under ND 13 (See
Figure 1).

According to the State Water Commission (SWC), the outlet of the lake is located on an old
township road, which has recently been lowered (approximately 1 ft) as directed by the
township. The NDDOT was informed that the township and several landowners have submitted
an emergency drain application to the SWC. The drain application is proposing to drain the lake
an additional 3-6 feet. There was no specific detail provided as to the location and profile of the
proposed drain downstream from the outlet of the lake. The NDDOT is concerned about the
amount of water that may be introduced into the NDDOT Right of Way and the timeframe in
which it will happen as a result of the lowering that has already taken place and the proposed
lowering that is being considered.

The stream crossing at RP 298.9 was analyzed to help determine impacts the NDDOT could
expect if Twin Lakes was allowed to be partially drained. Article 89-14 of the ND
Administrative Code regulates the minimum size required for a stream crossing on a public
highway, road, or street. The existing pipe was analyzed and found to have a contributing
drainage area of 1.5 sq miles (931.9 acres). The 25-year design discharge was calculated to be
100.3 cfs. The resulting headwater is 6.58 feet, which is above the allowed 5.25 feet as stated in
Article 89-14. Since this existing pipe was installed before Article 89-14 was put into law, it is
 Twin Lakes Emergency Drainage Permit
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April 23, 2020

grandfathered in and is not required to meet the headwater requirements. The NDDOT is not
required to upsize this crossing until the highway is reconstructed, as defined in 89-14. The
resulting velocity is high (16.24 ft/s), which can result in significant erosion at the pipe. In
addition, the pipe will be overtopped at a discharge of 118.49 cfs, which is less than the 100-year
design event of 176.20 cfs. The NDDOT prefers that all crossing be sized to adequately convey
the 100-year design discharge without overtopping the roadway.

Once Twin Lakes reaches the overflow elevation, an additional 38 sq miles (33064.2 acres) will
be contributing to the stream crossing under ND 13 at RP 298.9. The 25-year design discharge
was calculated to be 415.4 cfs. This does not include any additional flows that would result from
the lowering of the lake’s outlet elevation. A new crossing was sized for comparison for this
combined drainage area and found that an additional three 66” RCP would be required to
account for the drainage from Twin Lakes. However, as shown in the table below, the velocities
are high for this crossing (15.76 ft/s), which can lead to scour issues and possible pipe failures.

Table 1: Stream Crossing Sizes

Pipe Q25 V25 HW25 Q100 V100 Overtoping Q
Analyzed (cfs) (ft/s) (ft) (cfs) (ft/s) (cfs)
Existing – 42” RCP 100.3 16.24 6.58 176.20 17.07* 118.49*
Lake Not Contributing
New Crossing – Existing 42” RCP 100.3 13.98 3.38 176.20 15.74 236.99
Lake Not Contributing & 42” RCP
New Crossing – Existing 415.4 15.76 4.60 716.8 17.79 783.39
Lake Contributing – No 42” RCP &
Lowering of Overtopping Triple 66” RCP
Elevation
*Overtopping discharge is less than the 100-year event.

Any additional flows resulting from lowering the lake’s overflow elevation will increase the size
of crossing required under ND 13. The amount of additional conveyance required depends on
design details in how the lake will be drained, including the planned overflow elevation, the size
and profile of the ditch, the amount the ditch bottom will erode, and if there is a control structure
at the outlet. In current conversations with the SWC, it appears additional information of the
proposed ditch is being requested.

Without upsizing the conveyance of the crossing, the NDDOT has concerns that the additional
water from the lowering of Twin Lakes could result in washing out of the existing pipe. The
existing pipe is already undersized and experiences high velocity, even with the lake not
contributing. The amount of flow from the natural outlet of Twin Lakes, in addition to the flow
from the lowering of the lake, could result in severe erosion and the pipe would be at risk of
washing out.
Twin Lakes Emergency Drainage Permit
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April 23, 2020

If the SWC decides to approve the emergency drainage permit, the NDDOT would request two
conditions be part of that permit:

1) If any scour or erosion is seen taking place within the channel and at the outlet end of the
pipe, it would be preferred that the allowable flow being drained would be restricted from
Twin Lakes. Also, if the contributing drainage area experiences a significant rainstorm
event, it would be expected that the gated structure be closed to prohibit additional flows
from entering the drainage channel until a point when the flows from that rain event have
moved through the channel.
2) That the emergency drainage applicant share the results of the engineering and design of
the outlet from Twin Lakes. The NDDOT could use this to reevaluate the impacts to ND
13 in any future project.

If you have any questions, please contact Jon Ketterling by email at jketterl@nd.gov or phone at (701)
328-4446.

CHAD M. ORN, P.E., DIRECTOR OF PROJECT DEVELOPMENT

cc: Ron Henke, NDDOT Deputy Director for Engineering

Wayde Swenson, NDDOT Office of Operations Director
Jay Praska, NDDOT Valley City District Engineer
Jon Ketterling, NDDOT Bridge Engineer
Matt Lindsay, ND State Water Commission
Lindsay Bossert, NDDOT Hydraulics Team Leader
Twin Lakes Emergency Drainage Permit
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April 23, 2020

Figure 1: Twin Lakes Drainage Area Map