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7. EDSR 05-09-2011~~/i City of Elk --~--` River REQUEST FOR ACTION TO ITEM NUMBER Economic Develo ment Authori 7. AGENDA SECTION MEETING DATE PREPARED BY May 9, 2011 Catherine Mehelich, Director of Economic Develo ment ITEM DESCRIPTION REVIEWED By Consider MPCA Property Access Agreement for Monitoring Well on EDA Parcel 75-427-0140 Elk River Industrial Park REVIEWED BY ACTION REQUESTED Staff recommends the EDA approve the placement of a monitoring well and authorize staff to execute a Property Access Agreement in substantially the form attached for the EDA Lot 4, Block 1 in Elk River Industrial Park as requested by the MN Pollution Control Agency (MPCA). BACKGROUND/DISCUSSION Staff was contacting by Peer Engineering, on behalf of the MPCA, about the possibility of placing a monitoring well in the EDA lot. They have identified an area in the northwest/west central portion of the parcel as identified on the attached image. A representative of Peer Engineering will be in attendance at the EDA meeting to provide information on what is being proposed. The well will be approximately 20 feet deep and will have to rise above grade at least one foot. The time frame for the need for the well was assumed to be indefinite, pending state funding. Peer Engineering identified the northwest/west central portion due to the easy accessibility. The EDA parcel is largely undevelopable due to the presence of a large wetland encompassing a majority of the property. City Attorney Peter Beck has been asked to review and comment on the Property Access Agreement. The City Council and Park & Recreation Commission recently approved placement of a monitoring well in Windsor Park. FINANCIAL IMPACT All costs associated with the installation, restoration, and monitoring of the well will be by the MPCA. ATTACHMENTS ^ Proposed Location Map ^ Peer Engineering email ^ Site Summary Sheet ^ Well Diagram ^ Fact Sheet prepared by MPCA ^ MPCA Property Access Agreement N:\Departments\Community Development\Economic Development\EDA to move\Agenda\Year2011\5.9.11 EDA MPCA well.doc Action Motion by Second by Vote Follow Up N:\Departments\Community Development\Economic Development\EDA to move\Agenda\Year2011\5.9.11 EDA MPCA well.doc Mehelich, Catherine From: Becca Reason <breason@peerengineering.com> Sent: Tuesday, March 15, 2011 11:10 AM To: Mehelich, Catherine Subject: MPCA Monitoring Well Attachments: MPCA Amb. Mtring Fact Sheet.pdf; Ambient GW Access Agreement (Jan 2010).docx; Proposed well location -Elk River.pdf Follow Up Flag: Follow up Due By: Wednesday, April 20, 2011 8:00 AM Flag Status: Flagged Hi Cathy, Thanks for taking the time to talk with me today about the possible installation of a monitoring well at the vacant lot off of Industrial Boulevard as part of the Minnesota Pollution Control Agency's Ambient Groundwater Quality Monitoring Networking program. I have attached a fact sheet prepared by the MPCA describing the program. Peer Engineering is a consultant for the MPCA, and we have been contracted to assist with identifying viable permanent monitoring well locations and obtaining access for installation. The goal is to have access agreements in place by the end March and install the wells between late April and early June of 2011. The MPCA/State are paying all well installation and future sampling costs. Per our conversation and as the fact sheet discusses, the program isn't out looking for contamination or looking to find a petroleum release. We can't say for sure there are no repercussions for the property owner if a leak is identified but the chances are slim based on sites / activity in the area (i.e. no known contamination in the area). Again I want to emphasis this is not a "witch hunt" out looking for contamination. The idea of the program is to collect data on the groundwater quality as a protection effort. Based on our aerial photographs, the wetland map and our discussion, as we discussed the ideal location for the well would be in the northwest /west central portion of the parcel. I've identified the location on the attached "Proposed well location -Elk River" pdf. I've also attached the general MPCA access agreement for the groundwater quality monitoring program. This agreement has been reviewed by the State Attorney General. Please use review it and use it in your discussions going forward. If you have any other questions please don't hesitate to contact me. Thanks again for your help. Becca Reason Peer Engineering 7615 Golden Triangle Dr., Suite N Eden Prairie, MN 55344 Direct: 952.697.0563 Cel1:952.237.9276 Main: 952.831.3341 Fax: 952.831.4552 breasanCc~oeeren~ineerin~.com www.peeren~~neering.com Sherburne County, MN beaconTN Date Created: 3/15/2011 Map Scale: 1 in = 251 ft (Note: Not to be used on legal documents) Last Data Upload: 3/15/2011 4:35:34 AM ,:..~ r,, w~ela~,d9 ~ParcHs Plats Roads townsfidps Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County ~~ developed by reserves the right to make additions, changes, or corrections at any time and without notice. Additionally, Sherburne County disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Data is C- The Schneider Corporation updated periodically. For the most current information contact the appropriate county department. C ~"1r1@Irj@r 4YWW.schneidercorp.com Parcel ID 75-427-0140 Alternate ID N/A Owner Address N/A Sec/Twp/Rng 28-33-26 Class 776-Municipal-All Other Property Address Acreage 3.70 District ELK RIVER CITY Brief Tax Description Ambient Groundwater Quality Monitoring Minnesota Pollution Control Agency Ms. Sharon Kroening PROPOSED WELL #147 COUNTY: Sherburne LOCATION: Vacant Lot Industrial Blvd and Triangle Rd. Elk River, MN LATITUDE: -93.585954 LONGITUDE: 45.317606 DESIRED LAND USE: Commercial /Industrial March 15, 2011 Current Land Use: The proposed well location is on the east side of Industrial Boulevard just north of Triangle Road in a vacant lot owned by the City of Elk River. The vacant lot is within a commercial business park. The land use within 500 meters of the well location is approximately 85% commercial and 15% undeveloped land. Hydrogeology: • Surface Elevation: 925 ft • Soil Type: Organic Soil underlain by sand and gravel • Glacial Setting: Postglacial • Sediment Type: Calcareous • Groundwater Elevation/Depth:910 ft /15 ft bgs • Groundwater Flow: South Bedrock Formation: Eau Claire Bedrock Elev: Property Owner: City of Elk River Property Accessibility: The proposed well location is easily accessible off of Industrial Boulevard. Comments: Access agreement pending Prepared by: Peer Engineering, Inc. Project # 20607 2 FT LOCKING COVER 6 INCH I.D. SCH 40 4 IN. DIA. SCH 40 l :..'~ STEEL OUTER CASING STEEL GUARD POSTS "'' (3 IF REQUIRED) ~ ~:..:.`~ 2 FT 2 FT CONCRETE f'.. •. •• 2 I T ~a~ ~•'^ I . ~ 2 FT 4FT a.~: - ,. VARIES NEAT CEMENT GROUT ~~_ 2 INCH I.D. SCH 40 FLUSH THREADED PVC WELL CASING BENTONITE SEAL (1 FT THICK) ~~ 1 1 FIT +/- - 3 FT +/- 2INCH LD., NO. 10 SLOT, -_ FLUSH THREADED, PVC VEE-WIRE SCREEN =_ (OR APPROVED EQUIVALENT) __ 10 FT #40 RED FLINT FILTER PACK .: __ _ ,,3 1 FT tai 8 1/41N. DIA BOREHOLE TYPICAL WELL CONSTRUCTION JAN 2011 ~[ll~ilie@A'~~1g. AMBIENT GROUNDWATER QUALITY FIGURE Monitoring Well.dwg MONITORING NETWORK 2 PROJECT#:20607 TWIN CITIES METRO AREA ~,f~~l~ll~l~~Oa Pc~luti0l~t ~Or~trc~l Ac~el~l~~' For More Information For additional information about the MPCA's ambient groundwater quality monitoring network, contact the MPCA's Ambient Groundwater Monitoring Coordinator in the Environmental Analysis and Outcomes Division at 651-296-6300 or 800-657-3864. 1-05 Enhancing Ambient Groundwater Quality Monitoring in Minnesota For the Clean Water Land and Legacy Amendment Water Quality/Ambient Monitoring #1.05 • December 2009 round water provides drinking water to about 75 percent of Minnesotans and contributes water to stream, rivers, lakes, and wetlands. The Minnesota Pollution Control Agency (MPCA) monitors the quality of our groundwater and protects it from contamination in cooperation with other state and local agencies. What Is Ambient Monitoring? Ambient monitoring is one important component of the MPCA's groundwater protection efforts. Data collected from ambient monitoring activities provide information about the general quality of Minnesota's groundwater and helps identify whether the quality is getting better, worse, or not changing. Ambient monitoring involves the sampling of groundwater across large geographic settings and provides alarge-scale or "big picture" view of groundwater quality conditions across the state. Ambient monitoring is not conducted where there is known contamination. sand and gravel and Prairie du Chien-Jordan aquifers. Both of these are heavily used for drinking water. Assessments of agricultural chemicals are performed by the Minnesota Department of Agriculture. A network of shallow wells tapping the water table is monitored by the MPCA as an early waming network in the surficial sand and gravel aquifers. Groundwater near the water table typically is not used as a source of potable water supplies and likely does not reflect the quality of water people are consuming, but any changes in groundwater quality will be detected first in these wells. The early waming network detects whether human activities maybe affecting groundwater quality. The MPCA is enhancing its early warning network to improve the assessment of groundwater quality conditions and trends across the state. The agency will be installing additional monitoring wells and focuses on typical urban land use settings. The newly- constructedwells will be sampled annually for non-agricultural chemicals. How Is This Information Used? Data collected from MPCA ground water investigations is valuable to drinking water protection efforts. This data informs the state's drinking water supply protection efforts, identifies threats to groundwater quality, and guides the development of best management practices to avoid future groundwater impacts. These data are available on-line through the MPCA's Environmental Data Access system. MPCA's Ambient Groundwater Monitoring Network The MPCA's ambient monitoring network focuses on determining the amount of non- agricultural chemicals in the aquifers that are most susceptible to pollution from human activities. The network focuses on the surficial Clean Water Land and Legacy Amendment Enhancements to the MPCA's ambient groundwater quality monitoring network are funded through the Clean Water, Wildlife, Cultural Heritage and Natural Areas Amendment .On November 4, 2008, Minnesota voters approved this amendment which increased the sales and use tax rate by three- eighths of one percent on taxable sales through 2034. Part of these funds are used to protect, enhance, and restore the groundwater, with at least five percent of the funds targeted to protect drinking water source. Minnesota Pollution Control Agency 520 Lafayette Rd. N., St. Paul, MN 55155-4194 www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 Available in alternative formats MPCA PROPERTY ACCESS AGREEMENT WITH (Property Owner) 1. Purpose of Agreement. The Minnesota Pollution Control Agency (MPCA) is enhancing its ambient groundwater monitoring network in Minnesota. The attached fact sheet describes this groundwater monitoring network ("network"), which will help provide information about the quality of Minnesota's groundwater and identify trends in water quality. The MPCA is assessing groundwater in this region. As part of the groundwater assessment, the MPCA is installing wells to obtain water samples for analysis. 2. Parties. This agreement is between the MPCA and (the "Property Owner"), who owns property located at (the "Property") where the MPCA would like to install a monitoring well. The MPCA is authorized to enter any property, public and private, for the purpose of conducting surveys under Minn. Stat. §§ 115.04, subd. 3. 3. Consent_to access. The "Property Owner" hereby consents to participation in the network and authorizes the MPCA, its employees and agents, to enter the Property for the purpose of: 1) installing a permanent groundwater monitoring well at the location shown on attachment 1; and 2) collecting groundwater samples from the monitoring well according to the schedule set forth below. 4. Notice. The MPCA will notify the Property Owner of the name of the environmental consulting firm that will be managing the monitoring well installation at least two weeks before the installation. 5. Location of well. The MPCA's consultant will coordinate the monitoring well installation with the Property Owner to ensure that a mutually agreeable location on the Property is identified. 5. Permits, required actions. The MPCA will be responsible for obtaining all permits and providing notices to utilities related to the installation. The MPCA's consultant will coordinate all contractors involved in installation, including locating all utilities prior to well installation and completing all Minnesota Department of Health permits required to install the well. 6. Well installation. The Property Owner understands and agrees that the well installation will require three separate site visits. All buried utilities will be located during the first site visit. This will take approximately 1-2 hours to complete and will be done prior to the well installation. The well will be drilled during second site visit, which will take approximately one working day to complete. The well will be prepared for water sample collection during the final site visit. These preparations involve pumping water from the well and monitoring its quality. These activities will take one-half day to complete and will be performed no sooner than 24 hours after well installation. 7. Sampling; notice of sampling. After installation, the MPCA will sample the monitoring well once a year. Sampling will involve pumping water from the well, collecting field measurements of the water, and collecting samples for later laboratory analysis. Sampling will take between 1 to 2 hours to complete. The MPCA or its consultant will notify the Property Owner at least 48 hours before entering the Property for the purpose of well installation or sampling. 8. Hours of work. All work under this access agreement will be conducted during regular business hours (8:00 AM to 5:00 PM) unless the MPCA or its consultant receives written permission by the owner or his/her agent to conduct work during different hours. 9. Disturbance of property. The well installation and sampling will be performed by the MPCA in a manner which minimizes interference with the Property Owner's use of the Property. If the MPCA's activities disturb any portion of the Property, the MPCA will restore the property to as close to its original condition as is reasonably possible under the circumstances. 10. Property Owner responsibilities. The Property Owner agrees to take reasonable precautions to insure that the equipment of the MPCA or its agents that is located on the Property, and any monitoring wells that are located on the Property, are not damaged and that the work being conducted by the MPCA, its employees and agents is not disrupted. 11. Sampling results. Upon request, the MPCA shall provide copies of the results of all sampling conducted on the Property to the Property Owner after test validations. The data collected from the monitoring well on the Property will be public information. 12. Liability. The MPCA will be liable for injury to or loss of property or personal injury or death caused by any act or omission of any employee of the State of Minnesota in the performance of the work described above, under circumstances where the State of Minnesota, if a private person, would be liable to the claimant, in accordance with Minn. Stat. § 3.736. 13. Termination. This monitoring well is part of a network designed to provide long-term information about Minnesota's groundwater quality. It is the MPCA's intention to maintain this monitoring well and to monitor it indefinitely. This agreement, however, can be terminated by either party (MPCA or Property Owner) with 60 days written notice to the other party. The Property Owner understands that, should either party decide to terminate this agreement, state law requires proper closure of the well. The MPCA will be responsible for all costs and activities associated with closure of the monitoring well. The Property Owner agrees and understands that, to close the well, it will be necessary to provide access to the MPCA for the purpose of well closure, and the Property Owner hereby agrees to provide that access, conditioned only on 48 hours written notice. 14. Sale of Property. If the Property Owner sells the Property, the Property Owner agrees that it shall notify the buyer of this access agreement and provide the MPCA with notice and an opportunity to reach agreement with the buyer under which continued access for sampling will be allowed. MINNESOTA POLLUTION CONTROL AGENCY PROPERTY OWNER Glenn Skuta Signature Manager, Water Monitoring Section Date: Date: