D. Advisory Review of Detailed Survey Report D. Advisory Review of Detailed Survey Report

D. Advisory Review of Detailed Survey Report

Minn. Stat. § 103E.301 gives the DNR two primary tasks during the review of the engineer's final report. First, the commissioner's final advisory report must make findings as to whether the engineer's final report is adequate. During its review, the DNR should try to answer the following questions:

• Is the detailed survey report complete and in accordance with the provisions of chapter 103E?
  
• Is the detailed survey report an acceptable plan to drain the property affected?
  
• Is the proposed drainage project of public benefit or utility under the environmental, land use, and multipurpose water management criteria in section Minn. Stat. § 103E.015, subdivision 1?
  
• Is a soil survey needed?
  
• Has the engineer fully evaluated the adequacy of the outlet?
  

If the answer to all of the above questions is yes, then the commissioner's final advisory report should state that the engineer's final report is adequate.

The commissioner's final advisory report includes a finding as to whether the proposed drainage project is of public benefit or utility under the environmental and land use criteria. The commissioner's final advisory report may find the engineer's final report is adequate yet also recommend that the drainage authority not proceed with the proposed project as planned. In this instance, the commissioner will have found that the public costs identified by the engineer (e.g., destruction of wildlife habitat, increased flooding downstream, etc.) exceed the public and private benefits of the proposed project.

As with the preliminary report, the final engineer’s report must be submitted to BWSR if the drainage authority is also a watershed district. The nature of this review and advisory report is nearly identical to that of the preliminary report.