Neighbors voice concerns of water quality during construction to commissioners
M.K. French
Farmer Staff Writer
“I just need some clarification on some of the stuff,” began Shane Luck as he addressed the McKenzie County Commissioners, outlining concerns about construction near his property and its potential impact on water quality. Luck, who purchased his property in 2019, explained that he’d noticed changes in his well water over the past couple of years, eventually forcing him to switch systems. He noted his water levels recently returned after West Dakota Water ceased pumping from the local aquifer, only to find construction beginning “300 feet from my front door.”
Luck expressed frustration at the lack of communication, stating, “When I went to find out what was going on, I was told, don’t worry about it.” He added that inquiries to zoning and planning and even the state yielded no information. A neighbor, who moved to the area in October, echoed Luck’s concerns. “We spent $4,000 or $5,000 in putting the filtration system in,” he explained, describing issues with silt and vibrations from construction. “Nobody knocked on the door, not a common courtesy, not nothing.” He also raised questions about a nearby pond, stating, “When I moved in…it was an absolute disrepair. No one’s done any inspections, no one’s maintained it. Now…it looks fresh.” He referenced a letter from the previous property owner, Jerry Shay, stating the pond was supposed to be built “9 feet above grade and 11 feet below for a 10-foot dike,” questioning whether the current construction met those specifications.
In response to the concerns, Sandee Kimpel, Director of County Planning and Zoning, stated she had inspected the pond in the past. She explained that the pond had been sold and normally permits transfer to new owners, who are then notified of the conditions. She added, “I was unaware until this situation came up that the pond was never built to what it was permitted for.” She explained that West Dakota Water is “actually expanding it to what it’s been permitted for.”
Luck and his neighbor pressed further, asking about reclamation bonds and survey data. Kimpel confirmed they had the survey data and that Shay had obtained a reclamation bond waiver. The neighbor expressed frustration with the lack of communication from the county, stating, “Everyone we spoke to said they were unaware any activity or fulfillment of the original permit was happening.” The claim that the pond was built to the original specifications was also disputed by Luck and his neighbor, and they expressed concerns about the lack of communication regarding the construction, stating, “There was no communication, no, hey, we’re doing this over here. Any concern, any thought, just mutual respect, that disappeared out the gate.”
The commissioners repeatedly emphasized that many of the concerns, particularly those related to well permits, depths, and pond specifications, fall under the jurisdiction of the state. Chairman Lawlar stated that their scope over ponds was “very limited,” focusing on aspects like “the fencing, the weeds, the signage.” The commissioner added, “All the information that you’re asking for, like did they build the pond too high, did they do this, that you have to get to the state of North Dakota.” They encouraged Luck and his neighbor to file open record requests with both the county and the state to obtain the necessary documentation.
Despite the jurisdictional clarification, the neighbors expressed dissatisfaction with the county’s handling of the situation, stating, “For a month, and we were stonewalled, we were talked to as if we were ignorant, we were provided generic responses.”
In response to this, the Commissioners expressed an understanding of the neighbors’ frustration and affirmed their commitment to providing the affected individuals with all the requested information to clear up any misunderstanding. The meeting concluded with commissioners and Director Kimpel promising to provide the requested county documentation and reiterating that state agencies would be the appropriate point of contact for many of the neighbors’ questions regarding water quality and pond construction specifications.
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