6.3. ERMUSR 08-14-2007Ji
Elk River ~"'
Municipal Utilities
13069 Orono Parkway • P.O. Box 430
Elk River, MN 55330-0430
July 23, 2007
To: Elk River Municipal Utilities Commission
Jerry Takle
Jerry Gumphrey
Jim Tralle
From: Bryan Adams
Subject: DNR Water Issues
ii
Phone: 763.441.2020
Fax: 763.441.8099
The DNR regulates the annual amount and rate of which we can utilize ground water for our
municipal water systems. On April 17, 2006 we requested an increase in ground water
appropriations from 875 million gallons to 1400 million gallons per year. In anticipation of
DNR request, in September 2006 we submitted our revised Water Conservation and Emergency
Management Plan.
Attached is the DNR correspondence dated July 17, 2007 for your review. This correspondence
conveys the following.
1. Approves our Conservation and Emergency Management Plan without comment.
2. Amends our Water Appropriation Permit fora 10 year period to 1650 million gallons
per year at 12500 gpm. They are pre-approving the addition of 5-1000 gpm wells.
Attached is a map of Elk River showing the location of current and future wells.
The above is very good news for Elk River and the best we could have hoped for.
On a related issue, we have had numerous discussions about ISD 728's use of the irrigation well
at Twin Lakes Elementary School. Attached is my correspondence dated July 1 I, 2007 to Mr.
Tom Waterius. Tom and I had a phone conversation concerning item #1, even/odd sprinkler
restrictions on August I, 2007.
Tom Baranick and Tod Pelariski with ISD 728, Dave Berg and myself did have a good
conversation about this issue. I feel confident this issue will be resolved along the guidelines of
our July 11, 2007 correspondence.
1Vlinn~sata De~artlnel~t ~f 1`~atural Re~ourc~s
Central Region Waters - ]200 Warner Road, St. Paul, MN X5106-6793
Telephone: (651)772-7910 Fax: (651) %72-7977
.Iuly 17, 2007
Elk River Municipal Utilities
Bryan Adams, General Manager
13069 Orono Parkway
Elk River, Minnesota 55330
RE: WATER EMERGENCY AND CONSERVATION PLAN APPROVAL; AND AMENDMENT OF
PERMIT NO. 1975-3215
Dear Mr. Adams;
The Department of Natural Resources (DNR) has reviewed the "Conservation and Emergency
Management Plan for Elk River Municipal Utilities Water System" dated September 2006 for compliance
with Minnesota Statutes, Section 103G.291, Subd. 3 and the guidelines posted on the DNR website. I am
pleased to advise you that on behalf of the Commissioner of Natural Resources I hereby approve your
Plan. This approval is effective upon the Department's receipt of a completed copy of the attached
"Certification of Adoption" form. Please return the form to my office.
As also was discussed in our previous correspondence, with this agreement and approval, your water use
permit has also been amended so that all water use increases and new wells discussed in your Plan are
approved in advance. A copy of your amended pennitattached. Please note that for bookkeeping
purposes, you will need to submit a copy of the attached notification form (including the well log and
pump test results) before you utilize any of the proposed wells in your system. Please read the Conditions
of your new permit carefully, especially Conditions 10, 1 l ,and l2.
Thank you for you efforts in planning for the future of Ell< River's water supply alld for conserving the
water resources of the State of Minnesota.
Sincerely,
~~~~ ~/
l
Dale E. Homuth
Regional Hydrologist
ENCLOSURES
City of Elk River
Sherburne County SWCD, Bill Bronder
DNR Waters. Laurel Reeves
DNR Area Hydrologist, Roger Stradal
DNR Conservation Officer, Mitch Sladek
Minnesota Department of Health, Bruce Olsen
Central Office Appropriation Permits; Central Office SWUDS
DNR Information: 651-296-6157 1-888-646-6367 TTY: 651-296-5484 1-800-657-3929
An P_yual Opportunity Employer ~y Printed on Recycled Paper Containing a
Who Values Diversity ~~~ Minimum of 10% Post-Consumer Waste
CERTIFICATION OF ADOPTION
WATER EMERGENCY AND CONSERVATION PLAN
City or Water System Name: Elk River Municipal Utilities
i~Tame of Person Authorized to Sign
Certification on Behalf of the System: Bryan Adams
Title: General Manager
Address: 13069 Orono Parkway, Elk River, MN 55330
Telephone: 763-441-2020 Fax: 763-441-8099
E-mail: www.elkriverutilities.com
I certify that the Water Emergency and Conservation Plan approved by the Department
of Natural Resources has been adopted by the city council or utility board that has
authority over water supply services.
Signed:
Date:
Fax (651/296-0445) or mail this certification to: DNR Waters
Water Permit Programs Supervisor
500 Lafayette Road
St. Paul, MN 55155-4032
ATTACHMENT A
Public Water Supplier: Ell< River Municipal Utilities
DNR Water Appropriation Permit Number: 75-3215
Groundwater Sources
V1'ell # Unique Well & Well Capacity Location UTM's
or Well Casing Diameter (GPM)
name Number De th ft in)
NE '/4 SE '/a S W '/4 Section 34, UTMx 455905
2 271176 292 16" 650 T33N, R26W UTMy 5016642
SW'/4 i~'W'/4 NE'/a, Section UTMx 454382
3 221176 315 16" 850 33, T33N, R26W UTMy 5017775
Section 32
SE'/4 SE'/4 NW ''/4 UTMx 452745
4 481794 225 l8" 1000 ,
,
"T33N, R26W UTMy 5017249
NW 1/' SW '/4 NW '/4 Section UTMx 456939
5 537682 405 18" 1000 26, T33N, R26W U"I'My 5019206
NE'/4 SW '/a NW '/4 Section 28, UTMx 453851
6 580320 300 18" 1000 T33N, R26W UTMy 5019159
SE'/4 SW '/4 NW '/4 Section 35, UTMx 457036
7 664852 341 18" 2000 T33N, R26W UTMy 5017195
S W '/4 SE '/4 SW '/4 Section 26 UTMx 457178
8 694499 390 ] 8" 1000 ,
T33N, R26W UTMy 5018]27
9 1000 Future
~ 0 1000 Future
1 1 1000 Future
12 1000 Future
13 1000 Future
NEW WELL NOTIFICATION FORM
PERMIT NUMBER: l 975-3215
This form must be submitted to the Department of Natural Resources, Division of Waters prior to
the connection of the well to the water supply system. Please mail the form to:
DNR Waters 1200 Warner Road St. Paul MN 55105; or fax to: 651-772-7977.
Please be sure to include a copy of the Deft. of Health's Well and Boring Record form.
Installation Number:
Urilque Number (from Well and Boring Record form):
Location of Well (include a map and air photo showing location):
Capacity of Well and expected pumping rate:
Status of Commitments made in approved Emergency and Conservation Plan:
Res and only to those that a I to ou
Monitoring:
Unaccounted for Water (if over 10°.'0):
Residential Gallons per capita demand ~(if over 75 GPCD):
Alternative Water Sources (if alternative sources were agreed to):
Preventive Maintenance:
Total Per Capita Use (if not decreasing):
Peak Demand (if ratio is over 2.6):
Conservation Rate Structure (if rate changes were agreed to):
Education Efforts:
Retrofitting Programs:
Other Commitments:
Submitted by: Date:
Title: Phone #:
Address:
Signature:
c: Area Office to forward completed form to the SWUDS Database Manager upon receipt
'- 1 PERMIT NUMBER
Minnesota AMENDED ~
WATER APPROPRIATION 1975-3215 ~I
-J
~ PERMIT COUNTY ,
I Department of I
Nab tural Resources) Sherburne (71)
THIS AMENDED PERMIT SUPERSEDES THE ORIGINAL PERMIT AND ALL PREVIOUS AMENDMENTS J
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, Minnesota 55330 Phone: (763) 441-2020
To appropriate from. 12 municipal water supply wells, manifolded together
Please see Attachment A
Purpose: ~
Public Water Supply Use Code (211) I
Property described as:
City Property in Sections 23, 25, 26, 28, 32, 33, 34, and 35 in Township 33 North, Range 26 West, and NW'/4
SW'/, Section 1, Township 32 North, Range 26 West.
Mississippi River (St. Cloud) Watershed (17)
Authorized Signature Title Date
6~
"" ' o~
J-u1
`7 °? 7
Dale E. Homuth Regional Hydrologist , ~
This permit is granted subject to the following CONDITIONS:
1. QUANTITY:
The Permittee is authorized to appropriate water at a rate not to exceed ~ Z,rJ~O gallons per minute. The total amount of water appropriated
shall not exceed T,65~ million gallons per year.
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 103.
(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 nght 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.
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 dunng the
year. Failure to report shall be sufficient cause for terminating the permit 30 days following written notice.
(c) TRANSFEROR 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 nonce 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.
(over, please)
(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
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, abandoning, 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 half miles of the production well should well interference problems
develop.
9. 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.
10. NEW WELLS:
This permit shall authorize the installation and use of up to five additional wells as described in the Elk River Water Supply Plan, dated September
2006, provided appropriate permits from the Minnesota Department of Health are first obtained. Prior to connecting these wells to the water supply
system, the permittee must forward the DNR a copy of the well record, pump tests and the completed well notification form (copy attached). Use of
the new well requires compliance with Condition No. 11 below.
11. EMERGENCY AND CONSERVATION PLAN COMPLIANCE
The permittee shall comply with all agreements relating to monitoring, conservation, well IocaUon, education and other agreements,as described in
the permittee's approved Emergency and Conservation Plan. Failure to carry out the measures described in that plan may be cause for termination
of this permit.
12. OBSERVATION WELL REQUIREMENT:
The permittee shall install or acquire at least one non-production well that is cased into the Mt. Simon Hinckley aquifer for use as an observation well.
Water levels in these wells should be measured at least monthly Such measurements and any other well monitoring information agreed to in the
approved Emergency and Conservation Plan must be forwarded to the Observation Well Data Manager, DNR Waters, 500 Lafayette Road, St. Paul,
MN 55155-4032, by the end of each calendar year.
City of Elk River
Sherburne County SWCD, BiII Bronder
DNR Waters, Laurel Reeves
DNR Area Hydrologist, Roger Stradal
DNR Conservation Officer, Mitch Sladek
Minnesota Department of Health, Bruce Olsen
Central Office Appropriation Permits
Central Office SWUDS
~~
Elk River
Municipal Utilities
1.3069 Orono Parkway • PO. Box 430
Elk River, MN 55330-0430
July 11, 2007
Mr. Tom Waterius
ISD 728
815 Hwy 10
Elk River, MN 55330
Subject: Twin Lakes Elementary School
Irrigation Well
Dear Tom;
Phone: 163.441.2020
Fax: 763.441.8099
We have had a number of conversations concerning the use of your well at Lincoln and Twin
Lakes Elementary Schools for lawn irrigation. Attached for your reference are December 20,
2006 correspondences to the DNR Water and their response dated December 26, 2006. In an
effort to resolve this issue, the Elk River Municipal Utilities offers the following.
1. ISD 728 shall follow the even/odd sprinkling restrictions for all of their facilities in Elk
River.
2. The existing irrigation well at Twin Lakes Elementary School may be used by
ISD 728 for irrigation of this facility under the following conditions.
a) Capacity shall be limited to 200 gpm and 10,000,000 gallons annual withdrawals.
b) When Elk River Municipal Utilities initiates construction of a municipal well
adjacent to the elementary school site, the school district will immediately
stop use of this well.
c) if the DNR allows the Elk River Municipal Utilities to use this existing well
as a Mt. Simon observation well, the Elk River Municipal Utilities will take
ownership and responsibility for this well. If this is not the case, the school
district shall properly seal this well at their expense.
3. If the DNR allows the Elk River Municipal Utilities to use the newly drilled Mt. Simon
well at Lincoln elementary as an observation well, the Elk River Municipal Utilities will
take ownership and responsibility for this well. If this is not the case, the school district
shall immediately properly seal this well at their expense.
If this arrangement is acceptable to you, please sign, date and return this letter. We look forward
to our continued relationship to the betterment of our community.
ISD 728 Acceptance of Arrangement
Date
Best gards, ~~
an Adains, P.E.
eneral Manager
cc: David Berg
Dale Homuth, DNR Waters