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Assessment” 2019-3474 assigning a moderate risk to the construction of the City of Lake Elmo <br />Installation No. 5 due to a risk of total wellfield drawdown potentially affecting several <br />domestic wells. Installation No. 5 (Unique Well Number 847064) is constructed in an area <br />where the groundwater is not contaminated by PFCs/PFAS pollution. <br />4. On December 8, 2020, the DNR received a request from the City of Lake Elmo to <br />amend Permit No. 1961-1031 by removing Installation No. 1 from the permit and replacing it <br />with Installation No. 5. The City of Lake Elmo also requested an increase in the authorized <br />volume of water it could appropriate under Permit No. 1961-1031 from 260 million gallons of <br />water per year to 540 million gallons of water per year. The 2020 City of Lake Elmo reported <br />water use of 308 million gallons of water surpassed the authorized volume of water of 260 <br />million gallons per year. <br />5. The 2017 Order prohibits the DNR from issuing groundwater appropriation <br />permits in the vicinity of White Bear Lake3 until it understands the cumulative impact of said <br />appropriations on White Bear Lake and the Prairie du Chien-Jordan Aquifer. The DNR is further <br />precluded from authorizing groundwater appropriation permits within a 5-mile radius of White <br />Bear Lake unless said appropriation permits comply with the sustainability standard set forth in <br />Minn. Stat. § 103G.287, subd. 5. See 2017 Order at 137 – 138. <br />6. The City of Lake Elmo is within the 5-mile radius set forth in the 2017 Order. <br />7. The City of Lake Elmo’s amendment request to remove Installation No. 1 from <br />Permit No. 1961-1031 and replace it with Installation No. 5 to move its water appropriation site <br />out of the PFAS contamination plume was initiated to ensure the safety of the public drinking <br />water supply. This portion of the amendment request, standing alone, will not increase the <br />existing appropriation volume authorized by Permit No. 1961-1031 and thus is not in violation <br />of the 2017 Order. <br />8. The City of Lake Elmo’s request to amend Permit No. 1961-1031 to increase the <br />authorized volume of appropriation from 260 million gallons per year to 540 million gallons per <br />year was initiated because the 2020 water use of the City of Lake Elmo exceeded the amount of <br />water authorized by Permit 1961-1031. This exceedance was caused by population growth, <br />moving existing homes off alternative water supply sources and connecting them to the City of <br />Lake Elmo’s municipal water system, and the City’s decision to cease purchasing water from the <br />City of Oakdale. The City of Oakdale’s 2015 water supply plan estimated that City of Lake Elmo <br />purchased 28.5 million gallons of water per year from the City of Oakdale. On November 11, <br />2019, the City of Lake Elmo informed the DNR that they purchased 64.6 million gallons of water <br />from the City of Oakdale in 2018. <br />9. Five hundred forty (540) million gallons of water per year is the volume of water <br />that the City of Lake Elmo estimates will be needed to allow it to meet the requirements of the <br />Metropolitan Council’s regional system plan growth requirements. See City of Lake Elmo v. <br />Metropolitan Council, 685 N.W. 2d 1 (Minn. 2004)(directing the City of Lake Elmo to conform <br />its comprehensive plan to the Metropolitan Council’s system plan) and to supply water to <br />domestic homes that will be connected to the City of Lake Elmo municipal water system by the <br />presence of PFAS pollution in the water supplied by the domestic wells of the homes. <br />10. The State of Minnesota and 3M settled settlement in State of Minnesota v. 3M, <br /> <br />3 White Bear Lake is a public water of the State of Minnesota located in Ramsey County Minnesota and official <br />designated as public water number 82013700 on the public waters inventory (PWI) for Ramsey County.