County, Garrison Diversion work toward compromise on open-cut pipeline install

At the Foster County Commission meeting on Tuesday, Sept. 3, representatives of Garrison Diversion and the Red River Valley Water Supply Project (RRVW) came together to clear up what could be a costly, $2 million misunderstanding.

Kip Kovar, Garrison Diversion's deputy program manager for the RRVW, told commissioners on Tuesday that he approached the commission back in February 2021 about using "open-cuts" on roads as necessary for the pipeline project.

The RRVW was designed to provide an emergency water supply to central and eastern North Dakota – including Foster County – during times of water scarcity, and the open-cut method involves cutting a deep trench into the ground before laying down the pipeline.

Working with various county commissions has been necessary to complete the project, and Kovar said he left that 2021 meeting with the understanding that a "gentlemen's agreement" was struck, allowing them to go ahead with open-cuts.

With that understanding, Kovar said he bid a project for the Bordulac highway in January of 2022, which was later completed using the open-cut method.

He then bid another project in 2023 for County Highway 1605, locally known as the dump ground road – and that's where the issue arises.

David Utke, Foster County Commission Chairman, said meeting minutes from October 2021 show that commissioners only agreed to open-cut the Bordulac Highway.

Those minutes from Oct. 7, 2021, say, "Garrison Diversion engineer Kip Kovar approached the BOCC [Board of County Commissioners] about the Red River Valley Water Supply Project (RRVW). Kovar asked the BOCC if the contractors would be able to cut open the south Bordulac Road instead of boring underneath of it. Commissioner Scanson made a motion to allow the Garrison Diversion Contractor to cut open of the South Bordulac Road during the months of June and July for 5-7 days with paving, chip seal and restoration along with detour in right of way, second by Commissioner Copenhaver. All voted aye and the motion passed."

Kovar acknowledged that their "gentlemen's agreement" wouldn't show up in minutes, but that emails do show an understanding that open-cuts would be utilized on other roads as well.

Nevertheless, commissioners have now expressed a reluctance toward open-cutting the dump ground road, citing the potential negative impacts it could have on the road long term, which could require costly repairs.

However, with the dump ground road project having already been bid with the open-cut method, Kovar said any reversal would require a "change order," costing Garrison Diversion approximately $2 million.

"So I'd really appreciate that you stand by your word on the dump ground road," said Kovar on Tuesday.

However, commissioners seemed to be in agreement that they don't support open-cutting the dump ground road.

But they soon began to discuss a potential compromise, which could allow Garrison Diversion to avoid a change order and give Foster County reassurance that any necessary repairs wouldn't cost local taxpayers.

Kovar agreed that Garrison Diversion could cover the cost of any repairs for a certain period of time. Additionally, commissioners wanted $100,000 on the off-chance that this project isn't completed and Garrison Diversion is no longer around to cover those repair costs.

After discussing the matter for nearly an hour, a motion was eventually carried allowing Garrison Diversion to open-cut the dump ground road as bid, with the understanding that Garrison Diversion would cover any repair costs related to "ground settling" for the next 30 years or until an overlay is done, and that Foster County would receive a payment of $100,000.

Kovar wasn't able to immediately guarantee that this compromise would be agreeable to Garrison Diversion, but said commissioners could expect a response later in the week.

Meanwhile, another road in question is the Kensal Highway (County Highway 1621 South). Kovar said plans are currently in place to open-cut that road as well, but that the project isn't going out to bid until Sept. 16.

That means a change order wouldn't be necessary for Kensal Highway, and that county commissioners could certainly insist Garrison Diversion use a "bore" or "tunneling" method to install the pipeline.

However, Kovar and the commissioners indicated a second agreement could be made for Kensal Highway, similar to what was just discussed for the dump ground road. But with the result of that agreement pending, it was decided that a special meeting would be held prior to the county's next regular meeting before making a final decision on Kensal Highway.

Regarding a long-term solution, Foster County is putting together a committee to create policy with respect to pipelines and utilities that cross county roads, with the objective of developing an application process that avoids similar confusion moving forward.

Also at Tuesday's meeting, commissioners began discussion with representatives from Canadian Pacific Kansas City about what it would take to calculate reimbursement for road damage in the Bordulac area, caused by increased truck traffic to address the train derailment on July 5.

No decisions were made and both sides agreed they'd continue to be in contact as needed.

In other action, commissioners carried a motion to add a pair of stop signs at the intersection of Grace City Highway (County Highway 1621 North) and the McHenry-Barlow Road (County Highway 1602) in eastern Foster County.

Commissioners determined limited visibility at the intersection created a safety concern. The stop signs will be added pending a review by Foster County State's Attorney Kara Brinster to ensure that no additional steps need to be taken.

The county's next regular meeting is scheduled for 3:30 p.m. on Tuesday, Sept. 17 at the Foster County Courthouse. There is also a county budget hearing scheduled for Tuesday, Sept. 10 at 6 p.m. in the courthouse.