12-04-2014 - variance agreement for well

Home Browse Search

Variance Agreement-TN 5161 -2- December 4, 2014 WHEREAS, the MDH does not have a Well and Boring Sealing Record for a well at 1000 Wildhurst Trail and there is no other evidence that the well has been properly sealed. 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, on November 19, 2014, Mr. Mark Klein with Bergerson-Caswell, Inc. inspected said property and searched inside the home and found no evidence of a well inside the home. WHEREAS, on November 20, 2014, Mr. Patrick Sarafolean, hydrologist with the MDH, visited said property and conducted a magnetometer survey of the property outside the home. Mr. Mark Klein with Bergerson-Caswell, Inc. was present and witnessed the magnetometer survey. A magnetic signal consistent with buried, steel-cased well was not observed. WHEREAS, there is no practical way to locate, access and seal the well at the present time. WHEREAS, the well is not properly sealed. WHEREAS, the Fee Owners desire 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 OWNERS AGREE AS FOLLOWS: 1. The Fee Owners are prohibited from conducting any activities that would further reduce the accessibility of the well for the purpose of permanent sealing. Construction of any new building, building addition, patio, deck or driveway may not proceed until after the construction site, including any excavation, is thoroughly searched. If the well is not found during a visual search,the construction site, including any excavation,must be searched with a magnetic locator, magnetometer or equivalent device. The MDH should be contacted for assistance with any future well search. This prohibition on construction does not include maintenance and repairs to the existing building. 2. In accordance with Minnesota Statutes, section 103I.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.