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HomeMy WebLinkAbout5.b. MVTA Well Variance 4ROSEMOUNTEXECUTIVE SUMMARY PORT AUTHORITY Port Authority Meeting Date: November 19, 2013 AGENDA ITEM: MVTA Well Variance AGENDA SECTION: New Business PREPARED BY: Kim Lindquist, Deputy Director AGENDA NO. 5.b. ATTACHMENTS: Minnesota Department of Health APPROVED BY: Variance Agreement RECOMMENDED ACTION: Motion to approve the Minnesota Department of Health Variance Agreement and to authorize Chair Weisensel to execute the agreement. ISSUE The property located at 2810 145th Street currently occupied by the Park and Ride contained a well that could not be located during excavation of the site. The presence of a well was indicated in the Dakota County records, however,there was none found during excavation and-construction of the park and ride, although attempts were made. According to Minnesota Statutes, Chapter 4725, a well that is not in use and does not have a maintenance permit must be sealed. DISCUSSION The well located on the property at 2810 145th Street could not be located and presumably is now paved over,if in fact it is present on the site. Minnesota Statutes requires that a well not in use must be sealed. Therefore, MVTA, together with the City, filed a request with the Minnesota Department of Health (MDH) for a variance to postpone permanent sealing of the well until the well can be reasonably located and accessed for sealing. Staff believes the risk is currently low as paving the site reduced the amount of water that could seep into the soils near the presupposed well location. It is the concern that some contaminates could migrate into the well and ultimately groundwater,which prompts the desire to seal all unused wells. In conversations with the City's consultants and based upon information from the MVTA consultants, the risk should be lower than previously with the well unsealed and open to the elements versus the current condition. The Variance Agreement prepared by the MDH states that there is no practical way at the present time to locate, access, and seal the well. However,it also states that the health commissioner may at any time order the well to be located and permanently sealed if it is ever determined that the well poses an imminent threat to public health. Also, full disclosure of the well needs to be provided at the time of sale of the property and if the well is located and becomes accessible at any time in the future, the owner of the property at that time must have the well permanently sealed. In order for the Variance Agreement to become valid, the Port Authority needs to execute the Variance Agreement and record the agreement with the County Recorder. RECOMMENDATION Approve the Minnesota Department of Health Variance Agreement and authorize execution. 2 MINNESOTA DEPARTMENT OF HEALTH VARIANCE AGREEMENT TN 5007A This agreement is made this 6th day of November 2013, by and between the Minnesota Department of Health, a Minnesota State Agency, hereinafter called the MDH, and the Rosemount Port Authority, hereinafter called the Fee Owner, represented by Jeffery D. Weisensel. WHEREAS, the Fee Owner owns real property in Dakota County, Minnesota described as: Lot 7 Block 5 except the south 4 feet, and Lot 8 Block 5 except the part lying south of the east extent of the north line of the south 4 feet of Lot 7, Rosemount. The Parcel Identification Number is 34-64800-05-081. The property address is 2810 145th Street West, Rosemount, Minnesota. WHEREAS, a house and a water-supply well (well) were located on said property prior to the acquisition of the property by the Rosemount Port Authority. The house has been removed and said property and adjacent properties to the south have been paved and redeveloped as a park and ride facility. There is no visible evidence of the well. WHEREAS, the well on said property is no longer in use. WHEREAS, Minnesota Rules, Chapter 4725, requires that a well that is not in use and does not have a maintenance permit must be sealed by a licensed well contractor or licensed well sealing contractor in accordance with the methods and materials prescribed in rule. WHEREAS, there is no MDH Well and Boring Sealing Record for the well on said property or other evidence that the well has been properly sealed. WHEREAS, Mr. Bill Olsen of the Dakota County Water Resources Department attempted to find the well on said property during redevelopment, prior to paving of the site. Mr. Olsen searched the site with a magnetometer and observed a magnetic reading consistent with a buried steel well casing. The suspected well location identified with the magnetometer is approximately 77 feet south of the south curb of 145th Street and approximately 42 feet west-northwest of a block wall that lies west of and parallel to the railroad tracks. The X,Y coordinates for the suspected well location are 490240.92, 4953957.90, based on the Universal Transverse Mercator (UTM) notation, NAD 83, Zone 15. Variance Agreement-TN 5007A -2- November 6, 2013 This location is south of the south (back) side of the house that formerly occupied said property and is consistent with the well location described by two individuals familiar with the property who were interviewed by Dakota County Water Resources Department staff. WHEREAS, an excavation was made at the suspected well location to a depth of approximately 20 feet, the depth limit of the track hoe being used for the excavation, but the well was not found. WHEREAS, there is no practical way at the present time to locate, access, and seal the well. WHEREAS, the Fee Owner desires to obtain a variance from Minnesota Rules, Chapter 4725, to postpone permanent sealing of the well until the well can be reasonably located and accessed for sealing. PURSUANT TO THIS VARIANCE, THE MDH AND THE FEE OWNER AGREE AS FOLLOWS: 1. In accordance with Minnesota Statutes, section 1031.231, the commissioner of health may, at any time, order the well to be located and permanently sealed, regardless of accessibility, if the commissioner determines that the well is an imminent threat to public health, or that such action is necessary to protect the groundwater of the state, or if the conditions of this variance have been violated. 2. At the time of sale of the property, and any subsequent transfer of the property, in addition to disclosure of the status of the well as required by Minnesota Statutes, section 103I.235,the following information must be disclosed to the buyer by the Fee Owner(s): a water-supply well is located on said property and served a house formerly located on said property; the suspected well location is approximately 77 feet south of the south curb of 145th Street and approximately 42 feet west-northwest of a block wall that lies west of and parallel to the railroad tracks; and the well is not properly sealed. 3. If the well is located and becomes accessible at any time in the future, the Fee Owner(s) of the property at that time must have the well permanently sealed in full accordance with Minnesota statutes and rules by a licensed well contractor or licensed well sealing contractor. The well may become accessible through new technology, during other excavation activities, or by other means. 4. Rosemount Port Authority must have an executed copy of this agreement recorded with the Dakota County Recorder's office within 60 days of execution of this agreement. 5. Rosemount Port Authority must furnish a copy of all pages of the recorded document to the MDH. 6. This document, when executed and recorded, shall serve as the variance approval by the MDH. The variance is not valid until the document is recorded, and proof of recording is returned to the MDH. Variance Agreement-TN 5007A -3- November 6,2013 Alternative measures or conditions attached to a variance have the force of law and effect of applicable rule. If a party violates the alternative measures or conditions attached to the variance, the party is subject to enforcement actions and penalties provided in the applicable law or rule. This variance is conditioned upon the applicable acceptance of, and compliance with, the conditions of the variance. Failure by the applicant to comply with the conditions prescribed in the variance will result in the immediate expiration of the variance. MDH Variance Agreement-TN 5007A -4- November 6,2013 The MDH and the Fee Owner hereby agree to the terms and conditions contained herein. Minnesota Department of Health 04,t,vikilCJ Christopher D. Elvrum, Manager Well Management Section P.O. Box 64975 St. Paul, Minnesota 55164-0975 State of Minnesota County of Ramsey This instrument was acknowledged before me thiso ( day of/ .U,'-�R.t -2013,by Christopher D. Elvrum, Manager, Well Management Section of the Minnesota Department of Health,a Minnesota state agency. . A�lAAA�,A/1/VNMI� '� ���'�. A t ti C��t..�Cr�f�"'iL'�, .''''" ��"�- 0i r..;:!--;a;r �;1: �i ' ,�iD 1 NER Signatur of Notarial Officer .,(4dal to P�r r 's {i i ota / , +�.,., My iomrn�S r ...;.!...”:$:� an 31,2014 �Cr� " ' Title i 1 My Commission Expires C1 ,c 2 t L .// (--/ Jeffery D. Weisensel,Representative for Rosemount Port Authority,the Fee Owner State of Minnesota County of This instrument was acknowledged before me this day of 2013,by Jeffery D. Weisensel, Representative for Rosemount Port Authority,the Fee Owner. Signature of Notarial Officer (seal) Title My Commission Expires This instrument was drafted by the Well Management Section, Environmental Health Division, Minnesota Department of Health, P.O. Box 64975, St. Paul, Minnesota, 55164-0975.