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Home My WebLink About6.e. MPCA Access Agreement – Ambient Ground Water Monitoring Well�tROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: May 7, 2013 AGENDA ITEM: MPCA Access Agreement — Ambient AGENDA SECTION: Ground Water Monitoring Well Consent PREPARED BY: Dan Schultz, Director of Parks and AGENDA NO. �. Q Recreation ATTACHMENTS: Proposed Access Agreement, Fact Sheet About Ambient Ground Water APPROVED BY: Monitoring Wells, Proposed Well Information and Metro Well Map 0A I RECOMMENDED ACTION: Motion to approve the City of Rosemount entering into an Access Agreement with the MPCA to construct and operate an Ambient Ground Water Monitoring Well in Winds Park and to authorize the Mayor execute the agreement. ISSUE The Minnesota Pollution Control Agency (MPCA) recently contacted staff regarding their interest in installing an Ambient Ground Water Monitoring Well in Winds Park. The proposed well location is located near the intersection of Chippendale Avenue and 158th Street West. The proposed well would be located near the trees located off the southeast corner of the parking lot. The monitoring well will be 2" in diameter, will have a steel casing 6" in diameter that extends approximately 2 feet above ground surface and will have a lock on it. This area of the park is not used for any active or passive recreation. Included in the packet is a map of the metro area that shows all the monitoring wells the MPCA has installed over the past 2 years in green and the proposed MPCA monitoring wells they hope to install this fiscal year in red. The Parks and Recreation Commission reviewed the location of the proposed well and did not voice any concerns. Should the City agree to allowing the MPCA to drill the well, they would plan on installing the well sometime between May 20, 2013 - June 14, 2013. BACKGROUND Ground water provides drinking water to about 75% of Minnesotans and contributes water to streams, rivers, and wetlands. The Minnesota Pollution Control Agency (MPCA) monitors the quality of our groundwater and protects it from contamination in cooperation with other state and local agencies. Ambient monitoring is one important component of the MPCA's groundwater protection efforts. Data collected from ambient monitoring activities provides information about the general quality of Minnesota's groundwater and helps identify whether the quality is getting better, worse, or not changing. Ambient monitoring involves the sampling of groundwater across large geographic settings and provides a large - scale or "big picture" view of groundwater quality conditions across the state. Ambient monitoring is not conducted where there is known contamination. Data collected from MPCA ground water investigations is valuable to drinking water protection efforts. This data informs the state's drinking water supply protection efforts, identifies threats to groundwater quality, and guides the development of best management practices to avoid future groundwater impacts. These data are available on -line through the MPCA's Environmental Data Access system. SUMMARY Staff is recommending that the City Council approve the City entering into an Access Agreement with the MPCA to construct and operate an Ambient Ground Water Monitoring Well in Winds Park and to authorize the Mayor execute the agreement. 2 MPCA PROPERTY ACCESS AGREEMENT WITH City of Rosemount (Property Owner) 1. Purpose of Agreement. The Minnesota Pollution Control Agency (MPCA) is enhancing its ambient groundwater monitoring network in Minnesota. The attached fact sheet describes this groundwater monitoring network ( "network "), which will help provide information about the quality of Minnesota's groundwater and identify trends in water quality. The MPCA is assessing groundwater in this region. As part of the groundwater assessment, the MPCA is installing wells to obtain water samples for analysis. 2. Parties. This agreement is between the MPCA and City of Rosemount (the "Property Owner "), who owns property located at 15675 Chippendale Avenue, Rosemount, MN 55068 (the "Property") where the MPCA would like to install a monitoring well. The MPCA is authorized to enter any property, public and private, for the purpose of conducting surveys under Minn. Stat. § 115.04, subd. 3. 3. Consent to access. The "Property Owner" hereby consents to participation in the network and authorizes the MPCA, its employees and agents, to enter the Property for the purpose of. 1) installing a permanent groundwater monitoring well at the location shown on attachment 1; and 2) collecting groundwater samples from the monitoring well according to the schedule set forth below. 4. Notice. The MPCA will notify the Property Owner of the name of the environmental consulting firm that will be managing the monitoring well installation at least two weeks before the installation. 5. Location of well. The MPCA's consultant will coordinate the monitoring well installation with the Property Owner to ensure that a mutually agreeable location on the Property is identified. 6. Permits, required actions. The MPCA will be responsible for obtaining all permits and providing notices to utilities related to the installation. The MPCA's consultant will coordinate all contractors involved in installation, including locating all utilities prior to well installation and completing all Minnesota Department of Health permits required to install the well. 7. Well installation. The Property Owner understands and agrees that the well installation will require three separate site visits. All buried utilities will be located during the first site visit. This will take approximately 1 -2 hours to complete and will be done prior to the well installation. The well will be drilled during second site visit, which will take approximately one working day to complete. The well will be prepared for water sample collection during the final site visit. These preparations involve pumping water from the well and monitoring its quality. These activities will take one -half day to complete and will be performed no sooner than 24 hours after well installation. 8. Sampling; notice of sampling. After installation, the MPCA will sample the monitoring well once a year. Sampling will involve pumping water from the well, collecting field measurements of the water, and collecting samples for later laboratory analysis. Sampling will take between 1 to 2 hours to complete. The MPCA or its consultant will notify the Property Owner at least 48 hours before entering the Property for the purpose of well installation or sampling. 9. Hours of work. All work under this access agreement will be conducted during regular business hours (8:00 AM to 5:00 PM) unless the MPCA or its consultant receives written permission by the owner or his/her agent to conduct work during different hours. 10. Disturbance of property. The well installation and sampling will be performed by the MPCA in a manner which minimizes interference with the Property Owner's use of the Property. If the MPCA's activities disturb any portion of the Property, the MPCA will restore the property to as close to its original condition as is reasonably possible under the circumstances. 11. Property Owner responsibilities. The Property Owner agrees to take reasonable precautions to insure that the equipment of the MPCA or its agents that is located on the Property, and any monitoring wells that are located on the Property, are not damaged and that the work being conducted by the MPCA, its employees and agents is not disrupted. 12. Sampling results. Upon request, the MPCA shall provide copies of the results of all sampling conducted on the Property to the Property Owner after test validations. The data collected from the monitoring well on the Property will be public information. 13. Liability. The MPCA will be liable for injury to or loss of property or personal injury or death caused by any act or omission of any employee of the State of Minnesota in the performance of the work described above, under circumstances where the State of Minnesota, if a private person, would be liable to the claimant, in accordance with Minn. Stat. § 3.736. 14. Termination. This monitoring well is part of a network designed to provide long -term information about Minnesota's groundwater quality. It is the MPCA's intention to maintain this monitoring well and to monitor it indefinitely. This agreement, however, can be terminated by either party (MPCA or Property Owner) with 60 days written notice to the other party. The Property Owner understands that, should either party decide to terminate this agreement, state law requires proper closure of the well. The MPCA will be responsible for all costs and activities associated with closure of the monitoring well. The Property Owner agrees and understands that, to close the well, it will be necessary to provide access to the MPCA for the purpose of well closure, and the Property Owner hereby agrees to provide that access, conditioned only on 48 hours written notice. 15. Sale of Property. If the Property Owner sells the Property, the Property Owner agrees that it shall notify the buyer of this access agreement and provide the MPCA with notice and an opportunity to reach agreement with the buyer under which continued access for sampling will be allowed. MINNESOTA POLLUTION CONTROL AGENCY PROPERTY OWNER Glenn Skuta Mayor Manager, Water Monitoring Section Date: Date: 69�_ Minnesota Pollution Control Agency For More Information For additional information about the MPCA's ambient groundwater quality monitoring network, contact the MPCA's Ambient Groundwater Monitoring Coordinator in the Environmental Analysis and Outcomes Division at 651 - 296 -6300 or 800 - 657 -3864. wq -am 1 -05 Enhancing Ambient Groundwater Quality Monitoring in Minnesota For the Clean Water Land and Legacy Amendment Water Quality /Ambient Monitoring #1.05 • December 2009 round water provides drinking water to about 75 percent of Minnesotans and contributes water to stream, rivers, lakes, and wetlands. The Minnesota Pollution Control Agency (MPCA) monitors the quality of our groundwater and protects it from contamination in cooperation with other state and local agencies. What Is Ambient Monitoring? Ambient monitoring is one important component of the MPCA's groundwater protection efforts. Data collected from ambient monitoring activities provide information about the general quality of Minnesota's groundwater and helps identify whether the quality is getting better, worse, or not changing. Ambient monitoring involves the sampling of groundwater across large geographic settings and provides a large -scale or "big picture" view of groundwater quality conditions across the state. Ambient monitoring is not conducted where there is known contamination. How Is This Information Used? Data collected from MPCA ground water investigations is valuable to drinking water protection efforts. This data informs the state's drinking water supply protection efforts, identifies threats to groundwater quality, and guides the development of best management practices to avoid future groundwater impacts. These data are available on -line through the MPCA's Environmental Data Access system. MPCA's Ambient Groundwater Monitoring Network The MPCA's ambient monitoring network focuses on determining the amount of non- agricultural chemicals in the aquifers that are most susceptible to pollution from human activities. The network focuses on the surficial sand and gravel and Prairie du Chien - Jordan aquifers. Both of these are heavily used for drinking water. Assessments of agricultural chemicals are performed by the Minnesota Department of Agriculture. A network of shallow wells tapping the water table is monitored by the MPCA as an early warning network in the surficial sand and gravel aquifers. Groundwater near the water table typically is not used as a source of potable water supplies and likely does not reflect the quality of water people are consuming, but any changes in groundwater quality will be detected first in these wells. The early warning network detects whether human activities may be affecting groundwater quality. The MPCA is enhancing its early warning network to improve the assessment of groundwater quality conditions and trends across the state. The agency will be installing additional monitoring wells and focuses on typical urban land use settings. The newly - constructed wells will be sampled annually for non - agricultural chemicals. Clean Water Land and Legacy Amendment Enhancements to the MPCA's ambient groundwater quality monitoring network are funded through the Clean Water, Wildlife, Cultural Heritage and Natural Areas Amendment On November 4, 2008, Minnesota voters approved this amendment which increased the sales and use tax rate by three - eighths of one percent on taxable sales through 2034. Part of these funds are used to protect, enhance, and restore the groundwater, with at least five percent of the funds targeted to protect drinking water source. Minnesota Pollution Control Agency 520 Lafayette Rd. N., St. Paul, MN 55155 -4194 • www.pca.state.mn.us 651 - 296 -6300 • 800 - 657 -3864 TTY 651 - 282 -5332 or 800 - 657 -3864 • Available in alternative formats Ambient Groundwater Quality Monitoring Minnesota Pollution Control Agency Ms. Sharon Kroening PROPOSED WELL #141 COUNTY: Dakota LOCATION: Winds Park 15675 Chippendale Avenue Rosemount, MN LONGITUDE: - 93.136764 LATITUDE: 44.720687 DESIRED LAND USE: Sewered Residential Current Land Use: The proposed well location is located in Winds Park, near the intersection of Chippendale Avenue and 158`h Street West. The proposed well would be located near the trees located off the southeast corner of the parking lot. The park also includes a basketball court, a playground, softball fields and soccer fields. The current land use within 500 meters of the well location is approximately 75% sewered residential, 5% park land, and 20% undeveloped /agricultural land. Hydrogeology: • Estimated Surface Elevation: 945 ft • Soil Type: Sand and gravel outwash • Glacial Setting: Superior Lobe Deposits • Sediment Type: Moderately Calcareous • Estimated Groundwater Elevation/Depth: 890 ft / 55 ft bgs • Groundwater Flow: East - Northeast • Bedrock Formation: Prairie Du Chien Group • Bedrock Elevation: 800 ft / 145 ft bgs Property Owner: City of Rosemount Property Accessibility: The proposed well location is easily accessible from the Winds Park parking lot and/or Chippendale Avenue West. Comments: • Access agreement pending January 3, 2013 Winds Park parking lot and proposed well location off the southeast corner of the parking lot. IF Proposed Well Location #141 e - ! �. Proposed well location just north of the trees at the northwest corner of the Chippendale Ave and 158'h St W intersection. Prepared by: Peer Engineering, Inc. Project # 20607.02 M C) W N Q' J_ D N Cl. 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