08-11-2020- MN Dept of Health Variance agreement

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. J MDH Variance Agreement-TN 5962 -2- August 11, 2020 WHEREAS, Minnesota Rules, chapter 4725, requires that a well that is not in use and does not have a maintenance permit must be permanently sealed by a Minnesota licensed well contractor or licensed well sealing contractor. WHEREAS, On July 22, 2020, Patrick Sarafolean, MDH Metro District Office hydrologist, inspected the subject property. TL Stevens Well Company, (Stevens) had previously attempted to remove an inner drop-pipe, stroke pump rod, and stroke pump equipment from the well. Stevens removed a short piece of 1-inch diameter drop-pipe but was unable to remove the other obstructions from the well. The top of the drop-pipe is 18 feet below the basement floor and top of the steel stroke rod is 18 inches below the basement floor. Mr. Sarafolean reported that the well is located in a basement offset well room on the east side of the home. The well casing terminates 12 inches above the floor and is covered with a welded steel well cap. A well identification tag has been attached to the well casing. WHEREAS,the unsealed well is not in use, and it is not reasonably accessible to drilling equipment needed to remove obstructions and permanently seal the well in accordance with Minnesota statutes and rules. WHEREAS, MDH does not have a Well and Boring Sealing Record indicating that the well has been permanently sealed by a Minnesota licensed well contractor or licensed well sealing contractor. WHEREAS,the Fee Owner desires to obtain a variance from Minnesota Rules, chapter 4725, to postpone permanent sealing of the well until it is located. PURSUANT TO THIS VARIANCE, MDH AND THE FEE OWNER(S) AGREE AS FOLLOWS: 1. The Fee Owner(s) is prohibited from conducting any activities that would further reduce the accessibility of the subject well for the purpose of permanent sealing. Construction of any new building, building addition, or other structure over or within 3 feet of the well, may not occur without first having the well permanently sealed by a Minnesota licensed well contractor or licensed well sealing contractor. 2. In accordance with Minnesota Statutes, section 1031.231,the commissioner of health may order the well to be permanently sealed at any time if the commissioner determines that the well is an imminent threat to public health, that such action is necessary to protect the groundwater of the state, or if the conditions of this variance have been violated. 3. 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 1031.235, the Fee Owner must disclose the following information to the buyer: an obstructed, not-in- use, unsealed domestic water-supply well is located in a basement offset well room on the east side of the house. The well is identified with Minnesota Unique Well Number 1000025174. It is 2 inches in diameter, and may be approximately 200 feet deep. This estimate is based on information from Minnesota Unique Well Number 280143 which currently serves the home, and from a well sealing record from a similar, neighboring well.