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5.1. ERMUSR 03-18-2003 i Elk River Municipal Utilities 322 King Avenue phone: 763.441.2020 Elk River,MN 55330 Fax 763-441.3099 February 24, 2003 To: Elk River Municipal Utilities Commission James Tralle John Dietz Jerry Takle From: Bryan C. Adams Subject: DNR Ground Water Appropriation The Minnesota Department of Natural Resources (DNR) controls both the rate and total amount of water that can be withdrawn from our aquifers. We also need DNR approval to construct additional wells. Attached is the following information for your review. 1) Elk River Municipal Utilities 1-30-03 correspondence to DNR requesting an increase in withdraw rate from 4500 gpm to 6500 gpm. This letter also informed the DNR about our future plans for Wells 8 & 9. 2) DNR response dated 2-13-03 increasing withdraw rate to 5500 gpm; note condition #11. 3) Spread sheets reflecting residential and commercial customers' water use patterns. Note the average off season water use for the residential customer has decreased over time (8.3 units in 1996, 5.4 units in 2002). The commercial customer average off season water use has remained relatively unchanged. Tlk River Municipal Utilities 322 King Avenue phone: 763.441.2020 Elk River,MN 55330 Fax:763.441.8099 January 30, 2003 Mr. Tom Michell DNR Waters 500 Lafayette Road Box 48 St. Paul, MN 55155-4048 Subject: Authorization to Construct Additional Well Dear Mr. Michell, Our current water appropriation permit is #75-3215 with a quantity limit of 4,500 gpm and 875,000,000 gallons per year. Due to the growth in Elk River, we wish to increase our water appropriation to 6,500 gpm. When we received authorization for our Well #7 in September 2001, the withdrawal water rate was left unchanged at 4,500 gpm while the annual appropriation was increased. Attached is a copy of our current appropriation permit. Due to projected increase in water demand, we plan to start construction of Well #8 this fall, and will be brought on line for the 2004 summer peak. Land for future Well #9 was just purchased. Well #9 will be constructed as water demand dictates. Enclosed is the following information for your review as justification to increase in allocation: 1) Elk River Municipal Utilities' Water Statistics Graphs a) Peak day pumpage graph from 1990 to projected 2013. b) Annual water pumpage graph from 1990 to projected 2013. These graphs indicate 3 possible growth rates based on customer growth and wet or dry weather conditions. Our best guess on the future growth is the red line or center line on the graph. 2) Elk River Municipal Utilities' Water Conservation brochure. This brochure also reflects our year round sprinkler restrictions. Also enclosed is Elk River Municipal Utilities' water restriction door hanger. 3) Map of Elk River reflecting the location of our existing Well #'s 2 through 7 and location of proposed Well #8 and #9 which will be a Mt. Simon Hinckley well. Wells #8 and #9 are planned to be peaking wells. 4) Water Sales Report reflecting 1996 through 2002 statistics. This report indicates sales, number of customer connections and revenues with a steady increase in water customers and quantity of product sold. 5) Water rate sheet. The rates were raised this year. The rates were changed from winter/summer rate structure to inclining block rates to more effectively discourage lawn sprinkling. 6) Spread sheet titled "Water Step Rate Analysis"reflecting water consumption per meter for residential and commercial meters. For the residential class, the conservation measures are successful and the average off season consumption has decreased from 8.3 units/meter to 5.4 units/meter. While our conservation efforts are showing some success, the growth of our community requires more water production capacity. If you have additional questions about the above, do not hesitate to call. Best egards, wan C. Adams, P.E. General Manager cc: file D. Berg yc dt,of MIN,yes,O ��►' Minnesota Department of Natural Resources O 111§, m V 9 0y0J 500 Lafayette Road 32 �OFNA7UPP`v'P St. Paul. Minne.ota 55155-40 February 13 , 2003 Elk River Municipal Utilities do Bryan C. Adams, P.E., General Manager 322 King Avenue 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 #7 and an increase in authorized pumping rate from 4500 to 5500 gallons per minute (GPM). 'lease 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 i� John Linc Sttine Administrator Permit and Land Use Section enclosure c: Dale Homuth, Regional Hydrologist Patricia Fowler, Area Hydrologist Sherburne County SWCD Central Office SWUDS DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity `• PnntM on Recycled Paper Containing M Minimum 01 10%Post-Consumer Waste 1 ,c ,o AMENDED WATER APPROPRIATION PERMIT NUMBER PERMIT 75-3215 DEPUttNFM OF COUNTY 'AMAX RESOURCES SHERBURNE (71) THIS PERMIT SUPERSEDES THE ORIGINAL PERMIT AND ALL PREVIOUS AMENDMENTS. N 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 322 King Avenue, Elk River, MN 55330-2507 Phone (763) 441-8099 ro appropriate from: six wells: Nell Diameter Depth GPM Unique No. Point of Taking 2 16" 292 650 271176 NEN SE% SW Y, Section 34, Township 33 North, Range 26 West. 3 20 x 16" 315 850 221176 SWY NWY NEA, Section 33,Township 33 North, Range 26 West. 4 24 x 18" 225 1000 481794 SEY. SEY. NWV4, Section 32, Township 33 North, Range 26 West. 5 30x24x18" 405 1000 537682 NW Y< SWY NWY, Section 26,Township 33 North, Range 26 West. • 6 24 x 18" 300 1000 580320 NEY SWY NW%, Section 28, Township 33 North, Range 26 West. 7 24 x 18" 341 2000 664852 SEA SW1% NW%, Section 35, Township 33 North, Range 26 West. Purpose: Public Water Supply Use Code (211) ' lerty 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 Title Administrator, Permit Date cm John Linc Stine ✓ L? And Land Use Section 2/13/03 "'iis permit is granted subject to the following CONDITIONS: 1. QUANTITY: The Permittee is authorized to appropriate water at a rate not to exceed 5500 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 1030. (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 ^rope rty, 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, rederal 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 r 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 transfer or 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 Perittee 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 govemmental 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 th 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 perrnittee may be required to obtain domestic well information within a radius of one and one half miles of the production well should well interference problems develop. 9. PUBLIC WATER SUPPLIERS: The perittee 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 altemative format upon request R _ * D f.J�l't i`S i Y'� • °lt • 5w 1'N -'+ter jC aY-:::....A,.-e44,1...., ,,11. " :F C hex 3fi ` �;: motif a .Y n Zt + {err -+ ax sib a , t . F Sid +r fk f t,,f:y. 1 I -"1-''';7‘..s al r ; : "Z1 7 3 �1 -:t, jC`!'.. u 7 L D +c 1 .A,r. :T- ti .. .tea, s ti ti 1 �1. t.;,5. ' ' t 1. :CS'l!�� 1 € 5 at.'-it" = Tie.a 1 . 4'17-61-: h'fir x '�vl C W cr W. • Q ` kr ,- a .. 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