Devils Lake Q&As
Final Report and EIS

Q: The Chief has identified an outlet as the preferred alternative. What other actions would be required of the federal and state agencies before construction can proceed?

A: The U.S. Department of State would have to determine that the Outlet can be built and operated in compliance with the United States’ international treaty obligations with Canada.

The State of North Dakota would have to issue a state water quality certification pursuant to Section 401 of the Clean Water Act (CWA), as well as a CWA Section 402 permit allowing the Outlet to operate by discharging water into the Sheyennne River.

If the State of Minnesota objects to North Dakota’s proposed granting of the CWA Section 401 water quality certification and CWA Section 402 permit allowing the construction and operation of the Outlet, because of Minnesota’s concerns regarding water quality effects on the Red River, then the EPA will have to resolve Minnesota’s water quality objections as provided for in the CWA.

The U.S. Department of the Interior (DOI) would have to determine that the Outlet Project’s Dry Lake diversion feature is compatible with management and operation of the Alice National Wildlife Refuge. The design of the diversion feature might have to be modified to obtain that DOI determination.

Q: Does that include treatment to reduce salinity levels? If not, what would those costs be?

A: No. A treatment system appears impracticable. It would cost about $260 million to construct with annual operation and maintenance costs of $27 million. The placement and operation of the outlet will minimize the salinity to the maximum extent.

Q: Why is there no mention of the benefit-cost ratio that determines whether projects that the Corps builds are economically justified?

A. The Congressional authorization removed the traditional requirements regarding economic justification and provided instead that the justification for the emergency outlet shall be fully described, including the analysis of the benefits and costs. The Chief has identified building an outlet at the Pelican Lake site as the most practical way to balance the social, economic and environmental needs of the region. An outlet at the Pelican Lake site reflects the Chief’s professional engineering opinion and considers the flood damages associated with the continuing rise in lake levels together with the social, economic and environmental consequences that would occur if the lake overflowed naturally into the Stump lakes and then into the Sheyenne River.

Q: Why does the Corps of Engineers say the cost for the outlet will be $186.5 million, when the report says the cost will be $208 million?

A: The $186.5 million is in today’s dollars. The $208 million figure is the projected final fully funded cost, taking into account inflation during the life of the project.

Q: Why have the costs have gone up so much since the Corps of Engineers issued its earlier, draft EIS?

A: The current estimate is based on a more detailed analysis and the addition of new features considered critical for implementation. A key new feature includes a sand filter to address concerns about the transfer of biota and invasive species. The sand filter will have other benefits as well. These include stripping most of the nitrogen, stripping about 20 percent of the phosphorous and most of the
mercury. The other new features are for aquatic mitigation and to address safety concerns on the Sheyenne River.

Q: The state of North Dakota is saying the Corps of Engineers has overstated the cost in order to avoid building an outlet. What is the Corps’ response to this?

A: The Corps of Engineers has completed numerous studies on several alternatives for the natural disaster occurring in Devils Lake. The Pelican Lake outlet, although expensive, is the most practical way to balance the social, economic and environmental needs of the region. Although costly, the added features are considered necessary to reduce the unintended consequences of the outlet on downstream habitat and increase the acceptability of the outlet by downstream interests.

Q: Is this document the final recommendation from the Corps of Engineers on whether or not the out let will be built?

A: No. The public will have the opportunity to comment on the EIS for 30 days. At the completion of the public comment period, the Corps of Engineers will review and respond to these comments. These comments will be considered in the preparation of the chief’s final Record of Decision, which will be published after the public comment period has ended.

Q: When will the Chief of Engineers publish the Record of Decision?

A: At this time, there is no definite schedule. It partially depends on the comments received on the final report. A tentative schedule is for the ROD to be completed by this September.