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HomeMy WebLinkAbout08-11-2020- MN Dept of Health Variance agreement linni% DEPARTMENTCopy OF HEALTH PROTECTING, MAINTAINING & IMPROVING THE HEALTH OF ALL MINNESOTANS August 11, 2020 Refer to:TN5962 Andy Polski Eco Real Estate Holdings LLC 216 Water Street Excelsior, Minnesota 55331 Dear Andy Polski: Subject: Variance Agreement for an Inaccessible,Unsealed,Water-Supply Well,Minnesota Unique Well Number 1000025174, Located at 1060 North Shore Drive West,Orono,Hennepin County, Minnesota;Property Identification Number 07-117-23-23-0002 Enclosed are two original copies of the variance agreement. In order to,validate the variance agreement,you must: 1. Sign both copies of the variance agreement in the presence of a notary public. Be sure to have the notary public acknowledge your signature in the appropriate block on page 4 of both copies of the agreement. 2. Deliver the signed variance agreement to the Hennepin County Recorder,where the agreement must be recorded with the deed for the property.The Hennepin County Recorder 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.The Torrens Certificate Number for the property is 1374732. 3. The Fee Owner must sign the agreement,have it recorded at the Hennepin County Recorder's Office,and provide one copy of all pages of the recorded document to MDH.Mail or E-mail a copy of all pages of the recorded document to my attention:Jeff Paddock, Minnesota Department of Health,Well Management Section,625 Robert Street North,P.O.Box 64975,St. Paul, Minnesota 55164-0975 or jeff.paddock@state.mn.us.The forwarded document must be marked by the county recorder,verifying that the document has been recorded. This variance agreement is made between the Minnesota Department of Health(MDH), and the Fee Owner,Andy Polski,representative of Eco Real Estate Holdings LLC.Eco Real Estate Holdings LLC,must be the Fee Owner of the property at the time the variance is recorded. Failure to comply with these terms will nullify the variance. The variance does not eliminate the requirement to have the well permanently sealed. It only postpones the well sealing requirement until the well is located and can be permanently sealed by a Minnesota licensed well contractor or licensed well sealing contractor. If you have any questions regarding this matter, please contact Mr.Patrick Sarafolean at 651-201-3962,or me at 651-201-4595. Sincerely, Jeff Paddock, P.G, Hydrologist Well Management Section P.O. Box 64975 St. Paul,Minnesota 55164-0975 PTS:jp Enclosure—Minnesota Department of Health Variance Agreement TN5962 cc: Patrick Sarafolean,MDH,Jennifer Weier, MDH Roger Peitso,Building Official,City of Orono An equal opportunity employer - g gg� MINNESOTA DEPARTMENT OF HEALTH VARIANCE AGREEMENT TN5962 This agreement is made this 11th day of August 2020, by and between the Minnesota Department of Health, a Minnesota State Agency, hereinafter called MDH, and Eco Real Estate Holdings LLC, represented by Mr. Andy Polski, hereinafter called the Fee Owner. WHEREAS,the Fee Owner owns real property in Hennepin County, Minnesota, described as: That part of the WestY2 of the Northwest Quarter of Section 7,Township 117, Range 23 West of the Fifth Principal Meridian described as follows to-wit: Commencing at the Northwest corner of said Section;thence Easterly along the Northerly line thereof a distance of 402.5 feet; thence Southerly a distance of 1624.4 feet along a line that will intersect the East and West Quarter Section line of said Section 7, 396.5 feet East of the West Quarter post of said Section 7, which shall be the point of beginning; thence Southerly along said North and South line extended Southerly, a distance of 100 feet;thence Westerly to the West line of said Section to a point 1724.4 feet South of the Northwest corner of said Section 7; thence North to a point 1624.4 feet South of the Northwest corner of said Section 7; thence Easterly to the point of beginning, Hennepin County, Minnesota. The property address is 1060 North Shore Drive West, Orono, Minnesota.The Property Identification Number is 07-117-23-23-0002. The Torrens Certificate Number is 1374732. WHEREAS,the Fee Owners have reported that an unsealed, domestic water-supply well exists on the subject property. WHEREAS,the domestic water-supply well is obstructed with drop-pipe, stroke pump rod, and stroke pump equipment, and is not accessible to a drilling machine needed to remove the obstructions. WHEREAS, 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. WHEREAS, the well is no longer in use. . 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. MDH Variance Agreement-TN 5962 -3- August 11, 2020 The well has not been permanently sealed. 4. If the well becomes accessible in the future,the Fee Owner(s) of the property at that time must have the well permanently sealed by a Minnesota licensed well contractor or licensed well sealing contractor, in full accordance with Minnesota statutes and rules.The well may become accessible through new technology, during remodeling, during site excavation, after demolition of the home, or by other means. 5. This document,when executed and recorded, shall serve as the variance approval by MDH.The variance is not valid until the document is recorded, and proof of recording is returned to MDH. 6. Eco Real Estate Holdings, LLC, represented by Mr. Andy Polski, the Fee Owner, must have an executed copy of this agreement recorded with the property deed at the Hennepin County Recorder's office within 30 days of execution of this agreement. 7. Eco Real Estate Holdings, LLC, represented by Mr.Andy Polski,the Fee Owner, must furnish a copy of all pages of the recorded document to 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. Failure by the applicant to comply with the conditions prescribed in the variance may result in the immediate expiration of the variance. MDH Variance Agreement-TN 5962 -4- August 11, 2020 MDH and the Fee Owner hereby agree to the terms and conditions contained herein. Minnesota Department of Health For: Christopher D. Elvrum, P.G., Manager Well Management Section Environmental Health Division P.O. Box 64975 St. Paul, Minnesota 55164-0975 State of Minnesota County of Ramsey ` III This instrument was acknowledged before me this I day of A=")...) ,2020 by Christopher D. Elvrum, P.G., Manager,Well Management Section, Environmental He.lthtivision of the Minnesota Department of Health,a Minnesota state agency. signature of Notarial e ser BRETT CURTIS LESKE (seal) 4g` NOTARY PUBLIC l MINNESOTA ' 1 t My Commission Expires Jen.31,2024 Title My Commission Expires v1 T t C ) Andy Polski,Eco Real Estate Holdings LLC State of County of This instrument was acknowledged before me this day of , 2020,by Andy Polski, Eco Real Estate Holdings LLC. 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.