MANDAREE – The U.S. Army Corps of Engineers is evaluating a request from Eugene Smith Jr., of Bloomfield, N.M., requesting an after-the-fact authorization of a gravel road, truck turnaround/loading area, dike and freshwater ponds constructed in 2017 by Diamond Willow, LLC.

The work was done for the purpose of selling water to the oil industry for fracking, but Diamond Willow Energy did not secure permits, according to Corps information. Smith, who is seeking authorization for the 2017 work, was unaware permits were not secured by Diamond Willow Energy before construction.

The work impacted water including wetlands, in and adjacent to Spotted Horn (Squaw) Creek, southwest of Mandaree, according to the Corps.

The 20-acre site is in Section 28, Township 149 North, Range 94 West in McKenzie County, east of N.D. Highway 22 near mile marker 134.6.

Smith did not provide information on project alternatives, the Corps said. Since construction was completed in 2017 without a permit, the alternatives associated with the decision are likely to include: permit the structure as constructed, permit the structure but require some modification, or require the area to be restored. Other alternatives may develop during the review process.

The Corps is taking comments on the project on or before March 27. Comments can be submitted to Toni Erhardt, Project Manager, US Army Corps of Engineers, Omaha District, North Dakota Regulatory Office, 3319 University Drive, Bismarck, ND 58504-7565.