HomeMy WebLinkAboutRe: variance to MN Dept of health rules � , + M I N N E S 0 T A �
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DEPARTMENToFHEAITH
Protecting, mairitaining and improving the health of all Minnesotans
November 24, 2004 �E�E��E�
Refer to: License Number 27194 (TN 3396) NOV � 0 2004
CITY OF pRONO
Mr. Thomas Stevens Mr. Larry Olson
T.L. Stevens Well Company, Inc. Water Street Homes LLC
6250 Highway 12 West 464 Second Street #105
Maple Plain, Minnesota 55359 Excelsior, Minnesota 55331
Dear Mr. Stevens and Mr. Olson:
Subject: Variance from Minnesota Rules, Chapter 4725, for Construction of a Water-Supply
Well, Minnesota Unique Well Number 715607, on Water Street Homes LLC Property
at 1300 Spruce Place, Orono, Located in the SW 1/4 of Section 8, Township 117 North,
Ran�e 23 West, Hennepin County, Minnesota
This letter is in response to your request for a variance from Minnesota Rules, Chapter 4725,
to construct a water-supply well on the subject property less than 20 feet from a buried sewer
constructed of approved materials that has been successfully air tested. Minnesota Rules,
part 4725.4450, subpart 1, item F requires a well to be located a minimum of 20 feet from a
buried sewer that is pressurized and serves one single-family residence ar is a gravity sewer
which is not a collector or municipal sewer, and that meets the materials and pressure testing
specifications of Minnesota Rules, parts 4715.0530 and 4715.2820 (Minnesota Plumbing Code).
On November 2, 2004, prior to receipt of the formal variance request application, Mr. Douglas
Edson of the Minnesota Department of Health (MDH) Metro district office inspected the subject
property with Mr. Joe Stevens of T.L. Stevens Well Company, Inc. Mr. Edson reported that the
existing house had been removed, and a new house was being constructed on the property.
T.L. Stevens Well Company, Inc. had been hired to drill a new well and seal the existing well.
Mr. Edson reported that there was no accessible location on the subject property to construct a
new well which would satisfy all isolation distance requirements of Minnesota Rules,
Chapter 4725.
Mr. Edson and Mr. Stevens identified an accessible location which maximizes the isolation from
known sources of contamination, 15 feet from an air tested sewer extending from the home to a
collector sewer under Spruce Place. The variance application included a copy of the City of
Orono Inspection Notice for Permit Number A7918, dated September 7, 2004, and documenting
the sewer materials and testing.
Based on the results of Mr. Edson's inspection, information provided in the variance request, and
in accordance with Minnesota Rules, Chapter 4725,your request for a variance is granted to
construct the subject we1115 feet from an approved, air tested buried sewer located on the
subject property.
General Information: (651) 215-5800 � TDD/TYY: (651) 215-8980 � Minnesota Relay Service: (800) 627-3529 • www.healthstate.mn.us
For directions to any of the MDH locations,call(651)215-5800 • �equal opportuniry employer
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Mr. Thomas Stevens
Mr: Larry Olson
Page 2
November 24, 2004
The variance is granted because there is no location for a well on the subject property which
complies with a11 required isolation distances. The proposed well location appears to provide the
greatest available separation between the well and known contamination sources.
Because the isolation distance between the proposed well and the existing buried sewer is less
- than required in rule, additional construction methods and precautions axe required in order to
reduce the potential for contamination of the well and groundwater. Adherence to the following
list of additional conditions and requirements should provide the necessary additional protection
for the well and groundwater.
The variance is granted with the following conditions:
1. You must notify Mr. Edson at 651/643-2109 at least 24 hours prior to beginning well
construction so that an inspector may be present during construction.
2. The casing for the subj ect well must extend to a depth of at least 100 feet.
3. The annular space between the casing and the bore hole wall from a depth of at least 100 feet
up to the ground surface or base of the pitless connection must be filled with neat-cement
grout as defined in Minnesota Rules,part 4725.0100 or high-solids bentonite grout that is
NSF approved and marketed as a well sealant. High-solids bentonite grout must be mixed to
the manufacturer's specifications, or must meet the minimum requirements of 15 percent by
weight bentonite as specified in Minnesota Rules, Chapter 4725,whichever is heavier. Grout
must be inserted through the casing or through a tremie pipe from a depth of at least 100 feet
up to the ground surface or base of the pitless connection. Any annular space surrounding the
casing below a depth of 100 feet in unconsolidated materials may be filled with drill cuttings
taken from the well, or neat cement or high-solids bentonite grout.
4. The existing well must be sealed in accordance with Minnesota Rules, Chapter 4725,within
30 days after the new well is put into service.
5. All other provisions of Minnesota Rules, Chapter 4725, are in effect.
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 arid 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.
� '
Mr. Thomas Stevens
Mr. Larry Olson
Page 3
November 24, 2004
If you have any questions,please contact Mr. Edson at 651/643-2109 or Mr. Ed Schneider at �
651/215-0827.
Sincerely,
� �•
Daniel A. Wilson, Manager '
Well Management Section
Environmental Health Division
P.O. Box 64975 �
St. Paul, Minnesota 55164-0975
DAW:DSE:dg
cc: Lyle Oman, Orono Building Official '