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.
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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.