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HomeMy WebLinkAbout12-04-2014 - variance agreement for well MIill DEPARTMENToF HEALTH Protecting, maintaining and improving the health of all Minnesotans December 4,2014 Refer to: TN 5161 Mr.Kenneth J.Fasola Mrs. Tenley D. Fasola 1000 Wildhurst Trail Mound, Minnesota 55364 Dear Mr. and Mrs. Fasola: Subject: Variance Agreement for the Unlocated,Unused,Unsealed Water-Supply Well at 1000 Wildhurst Trail, Orono,Hennepin County,Minnesota,Property Identification Number 07-117-23-13-0217 Enclosed are two original copies of the variance agreement.In order to validate the variance agreement,you must: 1. Sign the agreement in the presence of a notary public.Be sure to have the notary public acknowledge your signatures in the appropriate blocks on page 4 of the agreement. 2. Deliver the signed variance agreement to the Hennepin County Office of Registrar of Titles,where the agreement must be filed with the certificate of title for the property.The Torrens certificate number used to file the variance agreement is 1380922.The Hennepin County Office of Registrar of Titles is located in the Hennepin County Public Records Division at A-500 Government Center, 300 Sixth Street South, Minneapolis,Minnesota 55487-0500.The telephone number is 612-348-5139.If you are planning to submit this document to Hennepin County by mail,first contact the county to assure that the necessary filing fee and any other required information are included. 3. Forward a copy of all pages of the filed document to my attention: Mr.Edward Schneider,Minnesota Department of Health, Well Management Section,625 Robert Street North,P.O.Box 64975, St.Paul,Minnesota 55164-0975.The forwarded document must be marked by the county registrar of titles,verifying that the document has been filed. Please note that the agreement is made between the Minnesota Department of Health(MDH)and you,Kenneth J. and Tenley D. Fasola,the fee owners. You must sign the agreement,have it filed at the Hennepin County Office of Registrar of Titles,and provide one copy of all pages of the filed document to the MDH.The variance must be filed while you are still the fee owners of the property. If the property is being sold, it is acceptable to file the variance agreement at the same time that property transfer documents are recorded.Failure to comply with these terms may nullify the variance. It should also be noted that the variance does not eliminate the requirement to seal the well. It only postpones sealing until the well is located and becomes accessible,or it is ordered sealed by the commissioner of health. If you have any questions,please contact me at 651-201-4595. Sincerely, Edward C. Schneider,Hydrologist Well Management Section P.O. Box 64975 St. Paul,Minnesota 55164-0975 ECS:PTS:dg cc: Building Official,City of Orono General Information: 651-201-5000 • Toll-free: 888-345-0823 • www.health.state.mn.us An equal opportunity employer a MINNESOTA DEPARTMENT OF HEALTH VARIANCE AGREEMENT TN 5161 This agreement is made this 4th day of December 2014, by and between the Minnesota Department of Health, a Minnesota State Agency, hereinafter called the MDH, and Kenneth J. Fasola and Tenley D. Fasola, hereinafter called the Fee Owners. WHEREAS, the Fee Owners own real property in Hennepin County described as: Lot 2, Block 1, Wildhurst Estates. The street address is 1000 Wildhurst Trail, Orono, Minnesota. The Property Identification Number is 07-117-23-13-0217 and the Torrens certificate number is 1380922. WHEREAS, the house on said property was built in 2000 and is currently served by a private water-supply well, identified as Minnesota Unique Well Number 649235. WHEREAS, the property currently known as 1000 Wildhurst Trail was previously part of a larger property that was subdivided into smaller lots prior to 2000. Prior to subdivision in 2000: • There was a"caretaker's"house on that part of the larger property now known as 1000 Wildhurst Trail. • The caretaker's house is visible in aerial photographs taken in 1962 and 1971. The aerial photographs were obtained from the University of Minnesota library. • Orono city records report the existence of two wells on the undivided property prior to 2000. A reported 3-inch diameter well likely supplied the former caretaker's house. WHEREAS, an undated letter from Don Stodola's Well Drilling Co., Inc. (Stodola), addressed to the city of Orono and Mr. Robert Waade, references an inoperable well at the caretaker's house at 1000 Wildhurst Trail. The letter states that: "This well is inoperable at this time and the repairs would cost over$1,000. The house will be torn down in ninety days and the repairs will not be made at this time." WHEREAS, Stodola submitted a Well and Boring Sealing Notification form to MDH on August 2, 2000, with the intent of sealing a well at 1000 Wildhurst Trail, and then cancelled that Well and Boring Sealing Notification on February 2, 2002. Stodola has not submitted a Well and Boring Sealing Record to MDH for a well at 1000 Wildhurst Trail. Stodola was contacted in November 2014, and searched their records and could not find any evidence that they sealed a well at 1000 Wildhurst Trail. 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. a Variance Agreement-TN 5161 -3- December 4, 2014 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 103I.235, the following information must be disclosed to the buyer by the Fee Owner: an unsealed well is likely buried somewhere on the property near the location of the former caretaker's home which was immediately west of the present home; the well is estimated to be 3 inches in diameter, approximately 100 feet deep, and completed in a glacial sand and gravel aquifer; and the well is not properly sealed. 4. 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, remodeling or demolition of the house, or other means. 5. Kenneth J. Fasola and Tenley D. Fasola must have an executed copy of this agreement filed with the Hennepin County Office of Registrar of Titles within 30 days of execution of this agreement. 6. Kenneth J. Fasola and Tenley D. Fasola must furnish a copy of all pages of the filed document to the MDH. 7. This document, when executed and filed, shall serve as the variance approval by the MDH. The variance is not valid until the document is filed, and proof of filing is returned to the MDH. 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. Variance Agreement-TN 5161 -4- December 4,2014 The MDH and the Fee Owners hereby agree to the terms and conditions contained herein. Minnesota Department of Health c114‘•2 - Christophe D. Elvrum, Manager Well Management Section Environmental Health Division , P. O. Box 64975 St. Paul,Minnesota 55164-0975 State of Minnesota County of Ramsey This instrument was acknowledged before me this qA,clay off 2014,by Christopher D. Elvrum, Manager, Well Management Section of the Minnesota Department of Health,a Minnesota state agency. 1j,: •s nR 1NOTNER r/l� Vii'' . ) n Y,;r;,r+�'wiic Signature .._.&-ea/L, $;71,0.'1) g ature of N ial Officer Y (seNI; rt ] T:.1}ia r'.; ,.,:ia i' 31.2019 Title4L-ti-- 1,,,,a,,, My Commission Expires , x-2'°'/ ' 1 Kenneth J.Fasola, Fee Owner Tenley D. Fasola,Fee Owner State of Minnesota County of This instrument was acknowledged before me this day of 2014,by Kenneth J. Fasola and Tenley D. Fasola,the Fee Owners. 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.