5.4. ERMUSR 11-09-2004 E6F
MIN/-ENo, Minnesota Department of Natural Resources
9
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St. Paul, Minnesota 55155,40 32
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October 27, 2004
Elk River Municipal Utilities
c/o Bryan C. Adams, P.E., General Manager
13069 Orono Parkway
Elk River, MN 55330-2507
Dear Mr. Adams:
AMENDMENT OF PERMIT 75-3215, GROUND WATER, SHERBURNE COUNTY
Enclosed is Permit 75-3215 authorizing appropriation of ground water for the City of Elk River public
water supply. In accordance with your January 8, 2003 request, Permit 75-3215 has been amended to
reflect the addition of Well #8 and an increase in authorized pumping rate from 5500 to 6800 gallons per
minute (GPM).
Please read all permit conditions. Condition #11 requires public water suppliers serving more than 1,000
people to implement demand reduction measures prior to requesting new wells or increases in the
authorized water volume. Implementing programs to reduce demands can be a low cost alternative when
compared to construction of new water sources or water and wastewater treatment facilities.
If you have any questions, please contact Joe Richter at (651) 296-0512 or your Area Hydrologist,
Patricia Fowler at (320) 255-2976.
Sincerely,
DNR WATERS
J
Russ Schultz
Acting Assistant Director
enclosure
c: Dale Homuth, Regional Hydrologist
Patricia Fowler, Area Hydrologist
Sherbume County SWCD
Central Office SWUDS
DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929
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Minnesota
WATER APPROPRIATION AMENDED
PERMIT NUMBER
PERMIT 75-3215
_PARTMENT OF COUNTY
r r4ATURAL RESOURCES, SHERBURNE (71)
THIS PERMIT SUPERSEDES THE ORIGINAL PERMIT AND ALL PREVIOUS AMENDMENTS.
IN THE MATTER OF THE APPLICATION FOR APPROPRIATION OF WATERS OF THE STATE, PERMISSION IS HEREBY GRANTED TO:
PERMITTEE Authorized Agent
Elk River Municipal Utilities General Manager
Address
13069 Orono Parkway, Elk River, MN 55330-2507 Phone (763) 441-8099
To appropriate from: seven wells:
Well Diameter Depth GPM Unique No. Point of Taking
2 16" 292' 650 271176 NE% SEY SWY, Section 34, Township 33 North, Range 26 West.
3 20 x 16" 315' 850 221176 SWY NWY NEY, Section 33, Township 33 North, Range 26 West.
4 24 x 18" 225' 1000 481794 SE% SEY NW'/a, Section 32, Township 33 North, Range 26 West.
5 30x24x18" 405' 1000 537682 NW% SW% NW Y<, Section 26, Township 33 North, Range 26 West.
6 24 x 18" 300' 1000 580320 NEY SWY NWY<, Section 28, Township 33 North, Range 26 West.
7 24 x 18" 341' 2000 664852 NEY NWY SWY, Section 35, Township 33 North, Range 26 West.
8 30x24x18" 390' 1300 694499 SEY SWY SW%, Section 26, Township 33 North, Range 26 West.
Purpose:
Public Water Supply
Use Code (211)
operty owned (point of taking and project area):
City property located in Sections 26, 28, 32, 33, 34 and 35, Township 33 North, Range 26 West.
Mississippi River (St. Cloud)Watershed (17)
Authorized Signature C Title: Date
Russ SchultzRw-J& Acting Assistant Director 1 OI a1 /u
This permit is granted subject to the following CONDITIONS:
1. QUANTITY:
The Permittee is authorized to appropriate water at a rate not to exceed 6800 gallons per minute. The total amount of water appropriated
shall not exceed 875.0 million gallons per year.
2. LIMITATIONS:
(a) Any violation of the terms and provisions of this permit and any appropriation of the waters of the state in excess of that authorized hereon
shall constitute a violation of Minnesota Statutes,Chapter 103G.
(b) This permit shall not be construed as establishing any priority of appropriation of waters of the state.
(c) This permit is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its employees,on account
of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the Permittee relating to any
matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state
against the Permittee,for any damage or injury resulting from any such act or omission,or as estopping or limiting any legal claim or right of action of
the state against the Permittee,for violation of or failure to comply with the provisions of the permit or applicable provisions of law.
(d) In all cases where the doing by the Permittee of anything authorized by this permit shall involve the taking,using,or damaging of any
property, rights or interests of any other person or persons,or of any publicly owned lands or improvements thereon or interests therein,the
Permittee,before proceeding therewith,shall obtain the written consent of all persons,agencies,or authorities concerned,and shall acquire all
property, rights,and interests necessary therefore.
(e) This permit shall not release the Permittee from any other permit requirements or liability or obligation imposed by Minnesota Statutes,
Federal Law,or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law.
(f) Unless explicitly specified,this permit does not authorize any alterations of the beds or banks of any public(protected)waters or wetlands.
A separate permit must be obtained from the Department of Natural Resources prior to any such alteration.
(over, please)
3. PERMITTEE'S RESPONSIBILITIES:
(a) FLOW METER.
The Permittee shall equip each installation for appropriating or using water with a flow meter, unless another method of measuring the
quantity of water appropriated to within ten(10)percent of actual amount withdrawn is approved by the Department.
(b) REPORTS.
Monthly records of the amount of water appropriated or used shall be recorded for each installation. Such readings and the total amount of
water appropriated or used shall be reported annually to the Director of DNR Waters,on or before February 15 of the following year, upon forms
supplied by the Division. Any processing fee required by law or rule shall be submitted with the records whether or not any water was appropriated
during the year. Failure to report shall be sufficient cause for terminating the permit 30 days following written notice.
(c) TRANSFER OR ASSIGNMENT.
Any transferor assignment of rights,or sale of property involved hereunder shall be reported within 90 days thereafter to the Director of
DNR Waters. Such notice shall be made by the transferee(i.e.,new owner)and shall state the intention to continue the appropriation as stated in the
permit.This permit shall not be transferred or assigned except with the written consent of the Commissioner.
(d) MODIFICATION.
The Permittee must notify the Commissioner in writing of any proposed changes to the existing permit. This permit shall not be modified
without first obtaining the written permission from the Commissioner.
4. COMMISSIONER'S AUTHORITY:
(a) The Commissioner may inspect any installation utilized for the appropriation or use of water. The Permittee shall grant access to the site at
all reasonable times and shall supply such information concerning such installation as the Commissioner may require.
(b) The Commissioner may,as he/she deems necessary,require the Permittee to install gages and/or observation wells to monitor the impact
of the Permittee's appropriation on the water resource and require the Permittee to pay necessary costs of installation and maintenance.
(c) The Commissioner may restrict,suspend,amend,or cancel this permit in accordance with applicable laws and rules for any cause for the
protection of public interests,or for violation of the provisions of this permit.
5. PUBLIC RECORD:
All data,facts,plans,maps,applications,annual water use reports,and any additional information submitted as part of this permit,and this
permit itself are part of the public record and are available for public inspection at the offices of DNR Waters. The information contained therein may
be used by the Division as it deems necessary. The submission of false data,statements, reports,or any such additional information,at any time
shall be deemed as just grounds for revocation of this permit.
6. WETLAND CONSERVATION ACT:
Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations,the permittee shall not
initiate any appropriation under this permit until the permittee has obtained official approval from the responsible governmental unit as required by the
Minnesota Wetland Conservation Act.
7. WELL SEALING:
The permittee shall notify the Minnesota Department of Health prior to sealing,removing,covering,plugging or filling the well(s)from which the
authorized appropriation was made. The well(s)must be sealed by a licensed well driller and in accordance with the procedures required under
Minnesota Statutes 1031 and Minnesota Rules 4725 as administered by the Minnesota Department of Health.
8. INTERFERENCE:
If notified by the Department that well interference is suspected and probable from your appropriation,based on confirmation of a formal well
interference complaint,all appropriation authorized by this permit must cease immediately until the interference is resolved. The permittee may be
required to obtain domestic well information within a radius of one and one halt miles of the production well should well interference problems develop.
9. PUBLIC WATER SUPPLIERS:
The permittee shall,whenever practical and feasible,employ water conservation methods and practices that promote sound water
management,including but not limited to the reuse and recycling of water,water saving devices,water scheduling,and public education.
10. EMERGENCY AND CONSERVATION PLANS:
Public water suppliers serving more than 1,000 people must have a water emergency and conservation plan approved by the Department.Plans
must address water supply and demand reduction measures,allocation priorities,and identify alternative sources of water for use in an emergency.
Plans must be updated once every ten years.
11. DEMAND REDUCTION:
Public water suppliers serving more than 1,000 people must employ water use demand reduction measures before requesting approval from the
Minnesota Department of Health to construct new public water supply wells,or requesting an increase in the authorized appropriation volume from the
Department of Natural Resources. Demand reduction measures must include evaluation of conservation rate structures and a public education
programs that may include a toilet and showerhead retrofit programs.
12. WATER USE RECORDS:
Public water suppliers serving more than 1,000 people must maintain records of the number of service connections,the volume of use by
customer category,and the volume of unaccounted-for water and submit this information with the annual water use report.
c: Dale Homuth, Regional Hydrologist
Patricia Fowler, Area Hydrologist
Sherburne County SWCD
Central Office SWUDS
This information is available in an alternative format upon request