INFORMATION 10-14-2002Minnesota Pollution Control Agency
October 4, 2002
The Honorable Stephanie A. Klinzing
Mayor, City of Elk River
13065 Orono Parkway
Elk River, MN 55330-5600
ZOOZ 0 130
Dear Mayor Klinzing:
Commissioner Studders asked me to respond to your letter dated September 4, 2002. I would
like to thank you for expressing your concerns about the fecal coliform found in Lake Orono and
the Elk River this summer. The Minnesota Pollution Control Agency (MPCA) was made aware
of this issue in Sherbume County on August 1, 2002, through information provided by the Lake
Orono Lake Association and the Sherburne County Zoning Administration.
In response, the MPCA staff initiated feedlot compliance inspections on September 5, 2002, at
an individual site in Becker Township, and are planning inspections at additional sites in the
following five townships: Elk River, Big Lake, Becker (North and South), Clear Lake (East),
and Palmer (Sites). This area encompasses the Elk River watershed in Sherbume County,
including its tributaries from Elk Lake in Clear Lake Township to Lake Orono in Elk River
Township. A total of 21 Sites are registered with the State of Minnesota (State) within the
project area that will be visited by the MPCA staff. Not all of the Sites in the project area are
located adjacent to the Elk River or its tributaries; however, it is the MPCA's intent that all Sites
will be investigated. Also, a survey of the project area will be conducted to locate any Sites that
did not register with the State. If discovered, those Sites will be required to register with the
State and.undergo a compliance inspection. These compliance inspections will determine if the
sites are in compliance with Minn. R. ch. 7020 (Feedl°t Rules) and Minn. R. ch. 7050 (Water
Quality Standards). If not in compliance, the site(s) will be required to obtain an Interim Permit
or enroll in the Open Lot Certification Program, tools that are designed to bring feedlot
operations back into compliance with State rules. If any direct discharges are discovered,
immediate abatement and clean up action will be required. The MPCA's goal for completing
these compliance inspections is the end of calendar year 2003.
Because fecal coliform contamination often originates from multiple sources, the MPCA is
interested in scheduling a meeting to discuss the water quality issues and land use impacts that
have led to the closing of the Lake Orono Beach this past summer. The MPCA Feedlot and
Water Quality staff would like to initially meet with Mr. Stephen Rohlf, Elk River Building and
Zoning Administrator, and Liesch Associates, Inc., to review the data that has been collected.
After this initial meeting, the MPCA will propose to meet with representatives from the city of
Elk River, as well as the Sherburne County Zoning Administration and the Lake Orono
520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY)
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The Honorable Stephanie A. Klinzing
Page 2
Improvement Association. At this meeting we will discuss potential pollution sources and
implementation techniques to deter pollutants.
Since Sherburne County is a non-delegated feedlot county, having chosen not to administer the
State Feedlot Program at the county level, the MPCA Brainerd Regional office administers the
Feedlot Program in your county. Please have Mr. Rohlf contact Gary Simonsen, primary lead
for this project, at (651) 296-9316, to schedule an initial meeting between Liesch Associates,
Inc., and MPCA staff to review all data that has been collected to date. We will then schedule a
later meeting of all parties concerned at a time convenient to all.
Again, I would like to thank you for your efforts to protect and uphold the environmental quality
of our State's water resources. Working together we can effectively preserve our natural
resources for future generations.
Sincerely,
Massey,
Division Director
Regional Environmental Management Division
REM/AN:tla
CC:
Reed Larson, Regional Manager, Brainerd
Stephen Rohlf, Building and Zoning Administrator, Elk River
Liesch Associates, Inc.
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Rebecca Haug, Environmental Technician
September 4, 2002
Lake Orono
Extensive studies have been conducted upstream of Lake Orono and on Lake Orono to determine
why the fecal coliform counts are so high in the lake. The studies appear to show feedlots as
being one of the main contributors of fecal coliform bacteria.
Nicola Blake-Bradley, Environmental Specialist with Sherburne County and Vance Zehringer,
Lake Orono Improvement Association, spoke with Amy Ness, Brainerd MPCA regarding the
feedlots on the Elk River. Amy informed Nicola and Vance that the MPCA does not regulate
"pastures" with water source access. However, the MPCA does regulate erosion due to animal
pressure on the shoreline.
Sherburne County's Solid Waste Ordinance has a section related to manure and when it is
considered a solid waste, it is Section 20.0 - Manures. On August 5, 2002, Nicola and I
investigated a complaint from the Sherburne County Soil & Water Conservation District
concerning possible fecal coliform bacteria contamination of the Elk River from feedlots
(manure). We canoed down the Elk River starting at Sherburne County Rd 53 to State
Highway 25. During our paddle, we noted strong manure odors and much algae growth within
100 yards of a large feedlot. Several bank cuts were noticed along the river. At least two active
pastures were open to direct contact with the Elk River with large bank cuts at both sites. Due to
the large rainfall events this summer, no manure was detected in the river.
John Norgren, County Ditch Inspector has also noted at least one area where cattle are entering
County ditches which flow into the Elk River. He has written a letter to the landowner informing
them about the ditch laws restricting them from allowing cattle in the ditches. They will be
fencing the cattle off from the ditch this fall with assistance from Sherbume County SWCD.
Staff recommends Mayor Stephanie Klinzing sign the attached letter to be sent to the MPCA,
DNR, Sherburne County Board of Commissioners and the Elk River Watershed District to
prevent further property loss for homeowners and further recreation loss to the public on Lake
Orono.
City ~
September 4, 2002
Sherbume County Board of Commissioners
13880 Hwy 10 NW
Elk River MN 55330
To Whom It May Concem:
The City of Elk River closed the Lake Orono Beach on July 3, 2002, due to fecal counts higher than
the Minnesota Department of Health (MDH) guidelines for recreational use. The beach was not
reopened until August 8, 2002, when fecal counts returned to acceptable levels. Extensive studies
were conducted in Lake Orono and upstream in the Elk River to determine the origin of the
contamination. Additional tests were conducted at all sites where fecal counts were high to determine
if it was of human or animal origin. According to Liesch Associates, Inc., the tests indicate feedlot-
type impacts were likely one of the main contributors of fecal coliform bacteria.
The Elk River City Council request that your agency diligently pursues the issue of manure entering
the Elk River to prevent further loss of property value for homeowners and further recreation loss to
the public on Lake Orono. Please contact Stephen Rohlf, Building & Zoning Administrator at (763)
441-4904 for details of the suspect sites.
Sincerely,
Stephanie A. Klinzing Mayor
Minnesota Pollution Control Agency
October 10, 2002
OCT i 201 2
Dear Concerned Citizen:
The Minnesota Pollution Control Agency (MPCA) will be coordinating removal of asbestos
waste materials and ash material beginning Monday, October 14. 2002, at the &~nner R.C. Roil-
Offs site (Facility) located at 13913 Highv, ay 10. Elk River, Mixnnesota. Once this material bas
been removed, the MPCA will conduct sampling at tile site to make sure that all asbestos
material Inns been removed and tile remaining soil at tile site does not pose a human health risk or
environmental risk.
The results of salnples collected during this phase o£ tile clean-up are still part of' an on-going
investigation and will be treated the same as previous sampling ctata. Tine results are deemed
non-public trader Minn. Stat. Ch. 13, the "Data Practices Act." il'it is necessary to release this
sampling information to tile public in tile interest of'public healtln and safety, the MPCA will do
so. If necessary, current and future sampling infbmnation will be released to tile public tile same
way sample results obtained during thc execution o£a search warrant on July 9, 2002, were
provided in tile previous update letter sent by MPCA staffon September 9, 2002.
We thank you for your patience and [ ellcourage you tO contact me at (651) 296-7271 with
additional questions or concerns.
Sincerely,
Jc£f T. Gonnell
Compliance Coordinator
Regional Environmental Management District
JTC:lkk
CC:
Gary Leistico, Rmke Noonan
Stephen Rotnll; City o£ Elk River
Jeff Beahan, City of Elk River Police Department
Stepbanie Klinzing, Mayor, City of Elk River
Dave Lucas, Slnerburne County Solid Waste Ofricer
Russel Hamilton, American Park investments
520 Lafayette Rd. N.; St. Paul, MN 55155-4194: (651) 296-6300 (Voice); (651) 282-5332 (TTY)
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Briefs
Hazardous-waste cleenup
to begin at site in Elk River
Minnesota Pollution Control Agency (MPC~.) officials wi]]
coordinate a two-day cleanup of asbestos and ash beginning
today on propertT used by RC Rolloffs Inc., a waste-disposal
company that formerly operated in Elk River, Minn.
Jeff Connell, MPCA project manager, said that once the ma-
terial has been removed, the agency x,41i take samples from the
site to ensure that the remaining soft does not pose a health
risk or an environmental problem.
The business was shut down in June after a resident com-
plained about burning there. An MPC~ investigation turned
up evidence of hazardous materiais in the waste. The company
had no license to store or dispose of wastes.
The Sherburne County. Attorney's office is rexfiewing the
case for possible criminal charges. ~o one has been charged.
-- Tom Meersman