HomeMy WebLinkAbout2004-11-11 OPH Ltr to MnDNR Re Irrigation WellCit of Oak Park Hei s
14168 Oak Park Blvd N.9 Box 2007 • Oak Park Hei MN 55082 • (651) 439-4439 ■ Fax 439-0574
November 1 Vh, 2004
Ms. Moll Shodeen
Minnesota DR - Waters Division -Central Re
1200 Warner Road
St. Paul, MN 55106
***ALSO VIA FACSB41LE - 651-772.,7977***
RE: VSSA - Sr. Housin - McKean!s S Irri Well
Ms. Shodeen,
The Cit is in re of the Application information as submitted to y our office and as provided
for our comments. Per y our voice mail on 11/11/04, y ou will be out of the of unfil. 11/16/04.
We have the followin comments:
1) The entiret McKean S Development is permitted under a Planned Unit
Development ( PUD) and a subse Development A While the Development
A between the Cit and VSSA. does discuss the installation of a well fte d moent does
not ant unilateral discrefion to VS SA the &] plicant on the location, condition and c
of such well. Such installation ma onl be accomplished via a formal "Amendment" to the PUD
Permit. Accordin the applicant is currentl not in compliance with PUD permit as it is our
understandin that the well has been installed and no PUD amendment has preceded that event.
The Cit has y et to take an particular action on this matter. The Cit has had some g eneric
discussions with the Applicant that ma will ultimatel lead to an a on the location/use
of such well,," How over, until such document is completed no irri g ation well ma be operated and
we ask that the DNR not issue an permits.
2) We note that the Applicant has attached a letter from the Cit En firm
Bonestroo, Rosene, Anderlik and Associates - Mr, Dennis Postler. While this memo was copied
to Nft. Todd Erickson, the Applicanfs en it was intended as a professional courtes and not
as a formal position / commentar b this Cit for the Applicant's use in its (VSSA's) submission.
3) Per such October I st letter from the Cit En this Cit has a si concern
on the potential conflict of the Cit capacit to provide a proper resource to .a new POTABLE
WELL without ne impactin the Applicant's TMGATION WELL.
If the Applicants irri well is to be located within the Cit POTABLE WELLHEAD
PROTECTION AREA and based on an anticipated drawdown for a possible POTABLE WATER
well it could cause this RMCATION WELL to "draw air".
-4
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Cit of Oak Park Hei s
14168 Oak Park Blvd N.9 Box 2007 • Oak Park Hei MN 55082 • (651) 439-4439 ■ Fax 439-0574
November 1 Vh, 2004
Ms. Moll Shodeen
Minnesota DR - Waters Division -Central Re
1200 Warner Road
St. Paul, MN 55106
***ALSO VIA FACSB41LE - 651-772.,7977***
RE: VSSA - Sr. Housin - McKean!s S Irri Well
Ms. Shodeen,
The Cit is in re of the Application information as submitted to y our office and as provided
for our comments. Per y our voice mail on 11/11/04, y ou will be out of the of unfil. 11/16/04.
We have the followin comments:
1) The entiret McKean S Development is permitted under a Planned Unit
Development ( PUD) and a subse Development A While the Development
A between the Cit and VSSA. does discuss the installation of a well fte d moent does
not ant unilateral discrefion to VS SA the &] plicant on the location, condition and c
of such well. Such installation ma onl be accomplished via a formal "Amendment" to the PUD
Permit. Accordin the applicant is currentl not in compliance with PUD permit as it is our
understandin that the well has been installed and no PUD amendment has preceded that event.
The Cit has y et to take an particular action on this matter. The Cit has had some g eneric
discussions with the Applicant that ma will ultimatel lead to an a on the location/use
of such well,," How over, until such document is completed no irri g ation well ma be operated and
we ask that the DNR not issue an permits.
2) We note that the Applicant has attached a letter from the Cit En firm
Bonestroo, Rosene, Anderlik and Associates - Mr, Dennis Postler. While this memo was copied
to Nft. Todd Erickson, the Applicanfs en it was intended as a professional courtes and not
as a formal position / commentar b this Cit for the Applicant's use in its (VSSA's) submission.
3) Per such October I st letter from the Cit En this Cit has a si concern
on the potential conflict of the Cit capacit to provide a proper resource to .a new POTABLE
WELL without ne impactin the Applicant's TMGATION WELL.
If the Applicants irri well is to be located within the Cit POTABLE WELLHEAD
PROTECTION AREA and based on an anticipated drawdown for a possible POTABLE WATER
well it could cause this RMCATION WELL to "draw air".
Thi C i ty 's obi to pro ode ° g water and fire protection to its - .dents cannot be subject
d � r �
to a secondary need for lawn ■ �gation. Accordingly the Applicants well depth/plans must be
revise t o
d specifically address this issue p er the comments /concerns from the City's Engineer,
p y p
Should this Permit be issued to the Applicant without requiring the corrective action as stated by
the City's En gineer then the permit s hould be conditioned to state that if the City does install a
new well that that the Applicant must at that time retrofit their RM GATION WELL to properly
handle any anticipated and negative impacts as a result of the City's new well and that the
Applicant waives its rights to any and all damages from the City.
4 with this letter the City is making the DNR aware that there is a contamination plume of
T.C.E. that lies approximately 3,500 feet sou ' hwaardly from this well anal, as it is our
ga
understandin lies within the same aquifer. This issue that should not be dismissed without. some
level of analysis and assurances to the City this IRRIGATION VMLL will not have an impact
up that plume, possibly drawing it closer to toward our well protection area and somehow
impacting our ability to provide our residents drinking water from our City's drinking water
watershed. The City asks for defxntive statement from the DNR. that this issue is not meritorious
of concern. without a response to this item (4) the City will assume that the DNR has reviewed
this situation and does not fmd the matter to be of any concern to the C iW s capacity to provide
drinking water to its residents.
5) Lastly, we ask for the time Period of commentary to be extended so that bath the City and
the DNR is granted a full oppornity engage in these conversations with the 3IPCA, the MN
Dept of Health, Washington County Health Department and the local watershed districts and
allow them to comment on these maters prior to December 15' 2004. This timetable should be
adequate because the Applicants may not proceed with well operation. (to any degree) without
specific City approval and PUD amendment.
Please let me know if you hav�any q
Bards,
Eric Johnson,
C ity Admi ' str for
Cc: Mark vierling, City Att e
Ken Hooge, VS SA (Apkl' t) It
Dennis Postler, City Et" eer
Pat S arfolian M DH
Lowell Johnson, Washington County Dept of Health
Konrad Koosman, Washington County Conservation District