HomeMy WebLinkAbout#17 Washington County Landfill Survey Fund RequestSTAFF REPORT
DATE: 3/21/2017
CONSENT
ITEM#: 17
MOTION
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Request for Funds for Survey of Washington County Landfill Site
REVIEW BY: Kristina Handt, City Administrator
BACKGROUND:
The Minnesota Legislature, in 1994, adopted a Landfill Cleanup Act (LCA) (M.S. 115B.39-
115B.45) which created the Closed Landfill Program (CLP), designating the Minnesota Pollution
Control Agency (MPCA) responsible for clean and long term care of 112 closed, municipal,
solid waste landfills throughout the state, making it responsible for managing risk to public
health and environment associated with landfills. M.S. 115B.412, Subd. 9 requires the MPCA to
develop a Land Use Plan for each landfill and that local government units (LGUs) make their
land use plans consistent with the MPCA’s plan for the site.
The Washington County Landfill within the City of Lake Elmo is subject to the statute that
requires the MPCA develop a land use plan with which the governing body’s land use plan must
be consistent. The current land use plan for this site designates the Washington County Landfill
area as Public/Park, indicating that the area may be used for publicly owned facilities, places of
worship, public parks, and privately owned recreational facilities. This is inconsistent with the
MPCA’s requirements, as their ultimate goals are to protect the integrity of the landfill’s
remediation, protect human health and public safety, and accommodate local government needs
and desires for land use at the qualified facility with consideration for health and human safety
purposes. The Washington County Landfill site is of particular concern, as there is groundwater
contamination in certain areas, and the presence of certain activities, such as construction of
enclosed structures, may be impacted or precluded by subsurface migration of methane gas.
In order for the City to move forth with the process of amending its land use plan to obtain
consistency with that of the MPCA, the first step is to adjust the lot lines of City-owned PID#s
10-029-21-33-0001, 10-029-21-34-0001, and 15-292-12-10-0003, creating a parcel that
represents the area the MPCA would like to be shown as the restricted landfill area. This will
allow the surrounding areas to continue to be used and shown in the City’s Land Use Plan as
Public/Park.
In order for the City to move forth with the first step in adjusting the lot lines of the
aforementioned parcels, the City must first have a survey done that will show adjusted lot lines
and create new legal descriptions for the three parcels.
PROPOSAL DETAILS/ANALYSIS:
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Current Restrictive Covenants on the Site. Currently, there are restrictive covenants on the
site, which restrict, in certain areas, constructing, excavating, or placing any structure, material,
personal property, or equipment, as well as installing drinking water wells on any area of the site,
without prior written approval of the MPCA and Minnesota Department of Health (MDH)
Commissioners. The MPCA, however, does not find the restrictive covenants to be sufficient to
manage risks associated with the landfill or to protect the remedial infrastructure the state has
invested. Summarily, they don’t want people on the land and want this to be reflected in the
City’s Land Use Plan.
Price Quotes. Staff has contacted a number of surveying companies and have received quotes
from three companies, which are attached and summarized below:
• E.G. Rud & Sons, Inc.: $4,640.00
• Landmark Surveying, Inc.: $5,500.00
• Cornerstone Land Surveying, Inc.: $5,600.00
Next Steps. Provided Council grants approval of the requested survey, the City would proceed
with the following steps:
• Process lot line adjustments/minor subdivision of PID#s 10-029-21-33-0001, 10-029-21-
34-0001, and 15-292-12-10-0003. An attachment has been provided to show how the lot
lines would be adjusted.
• Create a new land use category (Closed Landfill Restricted).
• Re-guide the parcel which the MPCA has designated as restricted to Closed Landfill
Restricted.
• Create a new zoning district that corresponds to the Closed Landfill Restricted land use
category.
• Rezone the parcel which the MPCA has designated as restricted to the newly-created
corresponding zoning district.
Additional Step – Fulfilling LAWCON Grant Requirements. The subject three Parcel ID#s
also received a Land and Water Conversion Fund (LAWCON) grant, which is a federal grant
used for the development of outdoor recreation facilities, in 1978. The Department of Natural
Resources (DNR) is responsible for tracking compliance of the conditions to which this grant
was given. In 1990, the DNR determined the Washington County Landfill area was unavailable
for public outdoor recreation use because of landfill remediation systems, specifically spray
irrigation system. The City then began with the required conversion process to convert the land
to non-recreational uses to find other land to replace it, but the City has yet to complete this
process.
Provided the City approves adjusting the lot lines and re-guiding and rezoning the area that the
MPCA has deemed restricted, the City will need to have the value of the restricted land assessed
and replace the value of that land with other parkland within the City. Staff has obtained quotes
for this assessment and has found this could cost around $3,000.00. This can be new parkland
that is acquired through a subdivision process. The DNR has indicated that until this has been
corrected, they would not be able to provide additional grants, and the State could be held
responsible by the National Park Service to satisfy the contract requirements.
FISCAL IMPACT:
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If approved by Council, the survey could cost up to $5,600. This cost will be taken from the
general Parks and Recreation operating budget (not park dedication funds). Additionally, in order
to replace the value of land to meet conditions of the LAWCON grant of 1978, the City would
have to hire an assessor at the cost of approximately $3,000 (approval of this cost is not being
requested at this time). The assessed value of the restricted area parcel will then need to be
replaced elsewhere in the City.
OPTIONS:
The Council may:
• Approve Staff to hire a surveyor at the cost of up to $5,600.00 and begin processing a lot
line adjustment/minor subdivision of PID#s 10-029-21-33-0001, 10-029-21-34-0001, and
15-292-12-10-0003 in order to begin the process of meeting State requirements (M.S.
115B.39-115B.45) of obtaining consistency with the MPCA’s Land Use Plan for the
Washington County Landfill Site as well as approve Staff to ultimately hire an assessor to
assess the value of the land that has been re-guided and rezoned to a restricted landfill
area at the cost of $3,000.
• Not approve Staff to hire a surveyor to begin the process of meeting State requirements
(M.S. 115B.39-115B.45) of obtaining consistency with the MPCA’s Land Use Plan for
the Washington County Landfill Site or an assessor to assess the value of the restricted
land.
• Approve one of the two costs.
RECOMMENDATION:
Staff recommends that Council approve Staff to hire a surveyor to begin the process of a lot line
adjustment/minor subdivision to create a parcel containing the Washington County Landfill
restricted area as well as approve Staff to hire an assessor to assess the value of the restricted
land after the land has been re-guided and rezoned as restricted.
“Move to approve Staff to hire a surveyor and assessor at the cost of up to $8,600.00 to begin
the process of a lot line adjustment/minor subdivision to create a parcel containing the
Washington County Landfill restricted area as well as have the value of the land assessed.”
ATTACHMENTS:
• Closed Landfill Use Plan for Washington County Landfill (for reference)
• LAWCON Conversion Requirements (for reference)
• Proposed Boundary Lines of Washington County Restricted Landfill Area
CLOSED LANDFILL USE PLAN
WASHINGTON COUNTY LANDFILL
SEPTEMBER 17, 2013
TABLE OF CONTENTS
PAGE NO.
INTRODUCTION ............................................................................................................................................. 1
SITE LOCATION AND DESCRIPTION ............................................................................................................... 2
GROUNDWATER AND METHANE GAS AREAS OF CONCERN ........................................................................ 2
CURRENT ZONING/LAND USE PLAN FOR THE LMA ...................................................................................... 4
DECLARATIONS OF RESTRICTIONS AND COVENANTS ................................................................................... 4
STATE BOND FINANCED PROPERTY .............................................................................................................. 5
MPCA’S LAND USE PLAN FOR THE LMA ........................................................................................................ 6
DISCUSSION / CONCLUSIONS ........................................................................................................................ 6
DISCLAIMER................................................................................................................................................... 7
APPENDICES
APPENDIX A: MINN. STAT. §§ 115B.412, SUBD. 4 AND 9
APPENDIX B: SITE LOCATION MAP – WASHINGTON COUNTY LANDFILL
APPENDIX C: LAND MANAGEMENT AREA – WASHINGTON COUNTY LANDFILL
APPENDIX D: LEGAL DESCRIPTION OF WASHINGTON COUNTY LANDFILL LAND MANAGEMENT AREA (LCA
PARCELS)
APPENDIX E: LCA PARCELS – WASHINGTON COUNTY LANDFILL
APPENDIX F: GWAOC – WASHINGTON COUNTY LANDFILL
APPENDIX G: MGAOC – WASHINGTON COUNTY LANDFILL
APPENDIX H: CLOSED LANDFILL MANAGEMENT USE – WASHINGTON COUNTY LANDFILL
APPENDIX I: CIVIC AND PARKS & OPEN SPACE USE – WASHINGTON COUNTY LANDFILL
APPENDIX J: SOLAR ENERGY FARM USE – WASHINGTON COUNTY LANDFILL
APPENDIX K: CLOSED LANDFILL RESTRICTED ZONING ORDINANCE TEMPLATE
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CLOSED LANDFILL USE PLAN
WASHINGTON COUNTY LANDFILL
INTRODUCTION
In 1994, the Minnesota Legislature adopted the Landfill Cleanup Act (LCA) (Minn. Stat. 115B.39 -
115B.45) which created the Closed Landfill Program (CLP). Under the CLP, the Minnesota Pollution
Control Agency (MPCA) is responsible for the cleanup and long term care of 112 closed, municipal, solid
waste landfills throughout the State.
The mission of the CLP is to manage the risk to public health and the environment that is associated with
these landfills. Landfill gas migration and groundwater contamination can be serious issues at some
landfills. These problems can pose a threat to the health and safety of those living or occupying land
nearby. In addition, chemicals leaching from landfills can degrade groundwater and surface water
resources surrounding them. The MPCA addresses the risk to public health and the environment at the
closed landfills by undertaking cleanup actions, operating and maintaining remediation systems
(engineered covers, gas-collection and groundwater-treatment systems) and by monitoring
groundwater, surface water, and landfill gas.
The risk to public health and safety is also mitigated by implementing land-use controls that minimize
public exposure to landfill hazards and protect the state’s response action equipment. In other words,
future use of land at and around closed landfills needs to be planned carefully and responsibly.
Minnesota Statutes 115B.412, Subd. 9 of the LCA requires the MPCA to develop a Land Use Plan for each
of these landfills and for local government units (LGUs) to make their local land use plans consistent
with the MPCA’s plan for the site. Minnesota Statutes 115B.412, Subd. 4 requires the MPCA to provide
LGUs certain information about the landfill and to incorporate this information in to their local land use
planning. These statutes are provided in Appendix A.
The MPCA considers these statutory requirements, when put together, as a Closed Landfill Use
Plan (CLUP). The purpose, then, for preparing a CLUP for each landfill is to:
protect the integrity of the landfill’s remediation and monitoring systems;
protect human health and public safety at each landfill; and
accommodate local government needs and desires for land use at the qualified facility with
consideration for health and safety requirements.
To meet the requirements of subdivision 9 of the statute, LGUs that have land-use authority must make
their land-use plans for the landfill consistent with the MPCA’s plan for future use of, and obligations
for, the facility. One way to accomplish this is for LGUs to make certain that their land-use designations
and/or zoning ordinances are compatible with the MPCA’s future responsibilities and uses for the Land
Management Area. To meet the requirements of subdivision 4 of the statute, LGUs must consider the
information about the landfill’s contamination and methane gas migration in its land-use planning and
also make this information available to those that want to develop the affected property. Also, LGUs
may wish to adopt certain land-use controls in order to better protect public health and safety.
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SITE LOCATION AND DESCRIPTION
The Washington County Landfill (Landfill) is located in the city limits of Lake Elmo (City), Washington
County, Minnesota (Appendix B). A landfill’s Land Management Area (LMA) includes the property
described in the Landfill Cleanup Agreement between the MPCA and the landfill owner/operator, and
may include adjacent property that contains waste, adjacent buffer property (land acquired for the
purpose of restricting use by the public due to landfill gas or groundwater concerns), and adjacent
property where response action equipment is located. At a minimum, the LMA will be comprised of the
property in the Landfill Cleanup Agreement. In addition, the LMA is the property that is subject to
Minnesota Statutes 115B.412, Subd. 9 of the LCA that requires the MPCA to develop a Land Use Plan for
the landfill and with which the LGU’s land use plan must be consistent. The LMA for the Landfill consists
of approximately 129 acres as shown in Appendix C and legally described in Appendix D. The waste
footprint is about 24 acres.
The Landfill was permitted in 1969 and closed in 1975. The MPCA took over responsibility of the Landfill
in 1995 when the MPCA, Washington County, Ramsey County, and the City entered into a Landfill
Cleanup Agreement (LCA) and the MPCA issued the Notice of Compliance. The LMA is divided into four
parcels (A, B, C, and D) in the LCA for purposes of describing certain and required remedial response
actions (Appendix E shows the location of the LCA parcels). These parcels, in terms of their shape and
legal description, are not necessarily the same as the parcels identified by Washington County’s
property records (i.e. tax parcels). Currently, LCA parcels A, C, and D are owned by the City and parcel B
is owned by the State of Minnesota, MPCA.
GROUNDWATER AND METHANE GAS AREAS OF CONCERN
Groundwater Area of Concern
The Groundwater Area of Concern (GWAOC) is defined as the area of land surrounding a landfill where
the presence of activities that require the use of groundwater may be impacted or precluded by
contamination from the landfill, or may cause the groundwater flow direction to change thereby
impacting the user or others nearby. The GWAOC is used to inform the public about the current and
potential risks to users of groundwater contaminated by the landfill. In most circumstances this area is
not equidistant around the site. The GWAOC is shown in Appendix F.
The surficial aquifer beneath the Landfill consists of glacial sand and gravel. Depth to the water table at
the site is approximately 50 feet below the ground surface. The surficial aquifer is contaminated with
perfluorochemicals (PFCs) and volatile organic compounds (VOCs) including tetrachloroethene,
trichloroethene, and vinyl chloride. The plume of VOCs extends south to the railroad track that is north
of Highway 5.
The groundwater area of concern around the Landfill is the Special Well Construction Area (SWCA)
established by the Minnesota Department of Health (MDH). The area is defined by the environmental
monitoring system that includes 40 monitoring wells and 253 residential wells. This area was expanded
by MDH on March 8, 2007 in response to PFC contamination and is approximately 5.3 million square
meters. The SWCA includes the plume of mounded groundwater from the Landfill that travels to the
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south and southeast and the co-mingled plume to the southwest that includes a plume from the
Oakdale Disposal Site through Raleigh Creek and a former plume from the Landfill that discharged to
Raleigh Creek from a Tri-Lakes outlet in the early 1990s. The contaminant plume from the Oakdale
Disposal Site is identified by PFOS (a type of PFC) that has impacted areas south and west of Raleigh
Creek, Eagle Point Lake, the area between Eagle Point Lake and Lake Elmo that is in the Lake Elmo Park
Reserve and residential developments that are south of this area to I-94. The bedrock aquifer of the
Prairie du Chien and St. Peter Formation are impacted with PFCs to a depth of 200 feet below the
ground surface.
Methane Gas Area of Concern
The Methane Gas Area of Concern (MGAOC) is defined as the area of land surrounding a landfill waste
footprint where the presence of certain activities, such as construction of enclosed structures, may be
impacted or precluded by subsurface migration of methane gas. Methane gas is an odorless gas
produced when municipal solid waste decomposes, and can be explosive in confined spaces such as
basements when mixed in air. The MGAOC is used to inform the public about the risks to current and
future land owners regarding certain uses they may want to consider. The MGAOC is shown in Appendix
G.
Soils in the vicinity of the Landfill are generally very well drained sands and gravel with some silty sand.
The Landfill waste footprint is about 24 acres and contains approximately 2,000,000 cubic yards of
waste. The closest enclosed structure off the LMA is approximately 350 feet west of the waste footprint.
The Landfill has been reconstructed by building a triple lined system to segregate contaminants present
in the waste from direct contact with the environment. A geosynthetic cover has been installed and
welded to the top of the liner to seal landfill gas and leachate in the waste mass. An active gas
extraction system and a leachate collection system have been installed to manage gas and leachate.
The active gas extraction system has 20 vertical gas extraction wells connected to an enclosed
blower/flare unit. There are two gas monitoring probe nests currently located on the west side of
Jamaca Avenue west of the Landfill. Monitoring of these gas probes has shown non-detectable
concentrations of methane before and during the Landfill reconstruction. Additional gas probes are
anticipated to be installed during the latter half of 2013 to gather additional methane data.
Based on the waste being sealed within the liner/cover system, but also recognizing the permeable soils
in the area, the large mass of waste present in the Landfill, and the potential for gas to migrate under
seasonal low permeable (frozen) conditions, the MGAOC extends 200 feet beyond the waste footprint.
The MGAOC is within the LMA property boundary except for a small area on adjacent property
southeast of the Landfill.
It is important to note that these Areas of Concern can change over time. Therefore, updated
information will be provided to the County when the existing information becomes obsolete or
misleading.
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CURRENT ZONING/LAND USE PLAN FOR THE LMA
LCA parcels A, C, and D are zoned Public and Quasi-Public Open Space (PF) while LCA parcel B is zoned
Agricultural (A).
Permitted uses in the Public and Quasi-Public Open Space (PF) district include uses allowed in the zoning
code that are in existence within the City at the effective date of the zoning code. Conditional uses in
the PF district include: cemeteries, places of worship, government facilities, libraries and museums,
public and private schools, and historic sites and interpretative centers. Interim uses in the PF district
include: keeping of horses in conjunction with churches.
Permitted uses in the Agricultural (A) district include: agriculture, farm, poultry facilities, farm buildings,
farm drainage and irrigation systems, forestry, one farm dwelling per 40 acres not already containing a
farm or non-farm dwelling, wayside stands, and joint ownership of property or by association or rental
for the purpose of providing private gardens and forest plots. Conditional uses in the A district include:
greenhouses, kennels, stables, commercial recreation, agricultural service establishments, open space
development projects, and non-agricultural low-impact uses. Interim uses in the A district include:
agricultural sales businesses, and agricultural entertainment businesses.
DECLARATIONS OF RESTRICTIONS AND COVENANTS
Three Declarations of Restrictions and Covenants were signed by the City and one by both Washington
and Ramsey Counties that restrict certain uses on the four LCA parcels. Each Declaration was recorded
with the Office of the County Recorder, Washington County, on December 14, 1995. The Declarations
run with the land and are described below.
Document No. 866616; prohibits the City from the following on LCA Parcel A:
constructing, excavating, or placing any structure, material, personal property, equipment, or
any other items on the parcel without the written approval of the Commissioner of the MPCA;
and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH.
Document No. 866617; prohibits Washington and Ramsey Counties from the following on LCA Parcel B:
constructing, excavating, or placing any structure, material, personal property, or equipment on
the parcel without the written approval of the Commissioner of the MPCA; and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH.
Document No. 866618; prohibits the City from the following on LCA Parcel C:
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constructing or placing any structure on the portion of the parcel that lies south of a line that is
125 feet south of the north boundary of the parcel without the written approval of the
Commissioner of the MPCA; and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH (any approved well installation must follow Minn.
Rules 4725.4450).
Document No. 866619; prohibits the City from the following on LCA Parcel D:
constructing or placing any structure on the portion of the parcel that lies approximately within
the west 200 feet of the parcel without the written approval of the Commissioner of the MPCA;
and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH (any approved well installation must follow Minn.
Rules 4725.4450).
STATE BOND FINANCED PROPERTY
The MPCA used proceeds from the sale of State general obligation bonds for capital costs of
environmental response actions that MPCA undertook at the Landfill. As a result of this expenditure of
State bond proceeds, the publicly owned property where the environmental response actions were
taken became “State Bond Financed Property” as that term is defined by Minn. Stat. § 16A.695. As the
owner this State Bond Financed Property, the City and the MPCA are subject to the requirements of
Minn. Stat. § 16A.695 and any orders or rules adopted by the Commissioner of Minnesota Management
and Budget (MMB) under that statute.
Minn. Stat. § 16A.695 and the MMB Commissioner’s Fourth Amended Order Relating to the Use and
Sale of State Bond Financed Property (the Order) impose certain requirements on any sale, mortgage, or
other disposition of State Bond Financed Property, or any lease or contract for the use or management
of the property entered into by the City or the MPCA Commissioner. The statutory requirements
include, but are not limited to, obtaining the approval of the Commissioner of MMB before the City or
the MPCA Commissioner enters into any such transaction (sale, lease, etc.) with respect to the property.
In order to assure that the requirements of Minn. Stat. § 16A.695 and the Order are carried out with
respect to all State Bond Financed Property, the MMB Commissioner requires that a Declaration be
recorded on the property records indicating that any sale of the property may be subject to the MMB
Commissioner’s approval. Such Declaration, pertaining to LCA parcel B, was signed by the MPCA and
filed with the Office of the County Recorder, Washington County, on February 8, 2011 as document no.
3830248. However, two other Declarations, pertaining to LCA parcels A, C, and D, were sent to the City
for signature but have not yet been signed or recorded against the corresponding property.
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MPCA’S LAND USE PLAN FOR THE LMA
The MPCA’s first and foremost responsibility regarding the Landfill is to manage the risk to public health
and safety. It does this by taking response actions, maintaining the Landfill, and working with local
governments to assure land use is commensurate with landfill conditions and MPCA’s obligations on the
LMA, as well as the conditions on the affected land off the LMA. Therefore, land uses associated with
the MPCA’s obligation to protect public health and safety take precedence over other possible land
uses.
The MPCA has identified land uses for the LMA. It has done so by considering the methane gas and
groundwater areas of concern, the types and locations of response actions and associated equipment,
the amount of the LMA occupied by landfill waste, and local land-use desires. The land uses on either
the entire LMA or portions thereof that are acceptable to the MPCA are:
Closed Landfill Management;
Civic;
Parks and Open Space; and
Solar Energy Farm.
Appendices H through J show where these uses would be allowed within the LMA.
Closed Landfill Management is the use associated with the MPCA’s responsibility and obligation to take
necessary response actions on the property as provided in Minn. Stat. §§ 115B.39-43. Civic is the use
associated with the City’s need for building infrastructure related to city maintenance, fire service,
public safety, etc.
DISCUSSION / CONCLUSIONS
Land Uses on the LMA
Minn. Stat. § 115B.412, Subd. 9 requires all local land-use plans be consistent with the MPCA’s land-use
plan for the LMA. The MPCA’s future obligations for the LMA conflict with the current local land-use
plan; specifically the City’s Public and Quasi-Public Open Space and Agriculture zoning ordinances for
this property. The MPCA believes that most of the uses within the current zoning for the LMA are not
compatible with the MPCA’s future responsibilities for the site as well as the risks associated with the
Landfill. As a result, the MPCA recommends that the City adopt a new zoning district and ordinance for
the LMA. The MPCA recommends the City adopt a zoning district called Closed Landfill Restricted (CLR)
with an ordinance similar in form to the one included in Appendix K.
The new zoning, however, should reflect the land uses identified above – Closed Landfill Management,
Civic, Parks and Open Space, Solar Energy Farm – and as shown in Appendices H through J. The City may
want to consider Closed Landfill Management, Civic, and Parks and Open Space uses as permitted uses
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for portions of the LMA while Solar Energy Farm be considered a conditional use (conditioned upon
location and plans approved by the MPCA and the City).
Regardless of future land use on the LMA, provisions within the Declarations of Restrictions and
Covenants prohibit the construction and placement of structures and other materials as well as the
installation of drinking water wells on certain portions of the LMA without prior written approval of the
MPCA and/or MDH.
Affected Property off the LMA
Minn. Stat. § 115B.412, Subd. 4(b) requires local units of government to incorporate information about
the landfill and associated groundwater contamination and landfill gas migration into any land-use plans
and to notify persons applying for a permit to develop affected property of the existence of this
information and, on request, to provide them with the information.
Certain land-use controls pertinent to groundwater use and well construction within the GWAOC
currently exist to protect public health and safety. First, Minn. Rules Chapter 4725.4450 requires that a
water supply well cannot be constructed within 600 feet of the Landfill. Second, MDH has established a
Special Well Construction Area south and east of the Landfill that prohibits the installation of wells in
this area unless approved by MDH to be constructed in certain aquifers and following certain
construction methods.
A majority of the MGAOC is contained within the LMA except for a small portion that is on adjacent
property southeast of the Landfill. However, the City’s existing zoning ordinance for the adjacent
property, upon which the off-LMA MGAOC is present, prohibits structures from being built within 200
feet of the property line. Therefore, based on the monitoring data collected by the MPCA, no specific
land-use controls are being recommended for properties outside the LMA.
DISCLAIMER
The MPCA makes no representations or warranties to the user of the accuracy, currency, suitability, or
reliability of the data presented in this report. Any recommendations made by the MPCA in this report
are based solely on the data it has, or its contractors have, collected, and only from data collected at
specific locations and times. Other sources of contamination or methane, unknown to the MPCA, could
exist off the Landfill property. The MPCA recommends that any person interested in developing
property near the Landfill first consult with an environmental consulting or engineering firm, and/or an
environmental attorney, regarding the possible risks associated with the Landfill.
APPENDIX A
Minnesota Statutes 115B.412
Subd. 4. Affected real property; n otice.
(a) The commissioner shall provide to affected local government units, to be available as
public information, and shall make available to others, on request, a description of the real
property described in the original and any revised permits for a qualified facility, along with a
description of activities that will be or have been taken on the property under sections 115B.39
to 115B.43 and a reasonably accurate description of the types, locations, and potential
movement of hazardous substances, poll utants and contaminants, or decomposition gases
related to the facility. The commissioner shall provide and make this information available at the
time the facility is placed on the priority list under section 115B.40, subdivision 2; shall revise,
provide, and make the information available when response actions, other than long -term
maintenance actions, have been completed; and shall revise the information over time if
significant changes occur that make the information obsolete or misleading.
(b) A local government unit that receives information from the commissioner under
paragraph (a) shall incorporate that information in any land use plan that includes the affected
property and shall notify any person who applies for a permit related to development of the
affected property of the existence of the information and, on request, provide a copy of the
information.
Subd. 9. Land management plans.
The commissioner shall develop a land use plan for each qualified facility. All local land use
plans must be consistent with a land use plan developed under this subdivision. Plans developed
under this subdivision must include provisions to prevent any use that disturbs the integrity of
the final cover, liners, any other components of any containment system, or t he function of any
monitoring systems unless the commissioner finds that the disturbance:
(1) is necessary to the proposed use of the property, and will not increase the potential
hazard to human health or the environment; or
(2) is necessary to reduce a t hreat to human health or the environment.
Before completing any plan under this subdivision, the commissioner shall consult with the
commissioner of management and budget regarding any restrictions that the commissioner of
management and budget deems neces sary on the disposition of property resulting from the use
of bond proceeds to pay for response actions on the property, and shall incorporate the
restrictions in the plan.
APPENDIX D
Legal Description of the Washington County Landfill Land Management Area (LCA Parcels)
Parcel A:
All that part of the South 40 acres of Government Lot 5, Section 10, and the Southeast Quarter of the
Southwest Quarter of Section 10, and the North 30 acres of the North One-Half of the Northwest
Quarter of Section 15, all in Township 29 North, Range 21 West, Washington County, Minnesota,
described as follows:
Beginning at the northwest corner of said Section 15, thence South 00 degrees, 18 minutes, 30 seconds
West, bearings are based on the Washington County Coordinate System NAD83, along the west line of
said Section 15, a distance of 501.27 feet to the south line of said North 30 acres of the North One-Half
of the Northwest Quarter of Section 15, thence North 89 degrees, 51 minutes, 00 seconds East, along
said south line, a distance of 1808.59 feet, thence North 00 degrees, 02 minutes, 32 seconds West and
parallel with the east line of said Northwest Quarter of Section 15, a distance of 501.26 feet to the north
line of said Section 15, thence South 89 degrees, 51 minutes, 00 seconds West, along said north line a
distance of 105.52 feet, thence North 00 degrees, 53 minutes, 21 seconds West and parallel with the
west line of said Section 10, a distance of 650.00 feet, thence South 89 degrees, 51 minutes, 00 seconds
West and parallel with the south line of said Section 10, a distance of 200.00 feet, thence North 00
degrees, 53 minutes, 21 seconds West and parallel with the west line of said Section 10, a distance of
656.24 feet, to a point on the north line of said Southeast Quarter of the Southwest Quarter of Section
10, thence South 89 degrees, 45 minutes, 24 seconds West, along said north line, a distance of 193.17
feet to the northwest corner of said Southeast Quarter of the Southwest Quarter, thence North 00
degrees, 42 minutes, 39 seconds West, along the east line of said Government Lot 5, a distance of 29.52
feet to the northeast corner of said South 40 acres of Government Lot 5, thence South 89 degrees, 51
minutes, 00 seconds West, along the north line of said South 40 of Government Lot 5, a distance of
706.92 feet, thence South 00 degrees, 53 minutes, 21 seconds East and parallel with the west line of
said Section 10, a distance of 200.00 feet, thence South 50 degrees, 54 minutes, 08 seconds West, a
distance of 127.25 feet, thence South 89 degrees, 51 minutes, 00 seconds West and parallel with the
north line of said South 40 acres of Government Lot 5, a distance 0f 500.00 feet to the west line of said
Section 10, thence South 00 degrees, 53 minutes, 21 seconds East along the west line of said Section 10,
a distance of 1055.45 feet to the point of beginning, containing 65.9 acres, more or less.
Parcel B:
The Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼) of Section 15, Township 29, Range
21, except the following described parcels: EXCEPTION 1: The North 501.5 feet of the NW ¼ of the NW
¼ of Section 15, Township 29 North, Range 21 West, being the northerly 15 acres thereof. EXCEPTION 2:
The North 220.0 feet of the South 396.00 feet of the West 330.00 feet of the NW ¼ of the NW ¼ of
Section 15, Township 29 North, Range 21 West, containing 1.33 acres, more or less. All subject to a road
easement for Jamaca Avenue over the West 33.00 feet thereof. EXCEPTION 3: The South 176.00 feet of
the west 330.00 feet of the Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼) of Section 15
(15), Township Twenty-nine (29) North, Range Twenty-one (21) West, containing 1.33 acres, more or
less.
Parcel C:
All that part of the South 40 acres of Government Lot 5, Section 10, Township 29 North, Range 21 West,
Washington County, Minnesota, described as follows:
Commencing at the southwest corner of said Section 10, thence North 00 degrees, 53 minutes, 21
seconds West along the west line of said Section 10, a distance of 1055.45 feet to the point of beginning,
thence continuing North 00 degrees, 53 minutes, 21 seconds West along the west line of said Section 10,
a distance of 280.00 feet to the northwest corner of said South 40 acres of Government Lot 5, thence
North 89 degrees, 51 minutes, 00 seconds East along the north line of said South 40 acres of
Government Lot 5, a distance of 600.00 feet, thence South 00 degrees, 53 minutes, 21 seconds East and
parallel with the west line of said Section 10, a distance of 200.00 feet, thence South 50 degrees, 54
minutes, 08 seconds West, a distance of 127.25 feet, thence South 89 degrees, 51 minutes, 00 seconds
West and parallel with the north line of said South 40 acres of Government Lot 5, a distance of 500.00
feet to the point of beginning, containing 3.8 acres, more or less.
Parcel D:
All that part of the Southeast Quarter of the Southwest Quarter of Section 10, and the North 30
acres of the North One -Half of the Northwest Quarter of Section 15, all in Township 29 North,
Range 21 West, Washington County, Minnesota , described as follows:
Commencing at the northwest corner of said Section 15, thence South 00 degrees, 18 minutes,
30 seconds West, bearings are based on the Washington County Coordinate System NAD83,
along the west line of said Section 15, a distance of 501.27 feet to the south line of said North 30
acres of the North One -Half of the Northwest Quarter of Section 15, thence North 89 degrees, 51
minutes, 00 seconds East, along said south line, a distance of 1808.59 feet to the point of
beginning, thence North 00 degrees, 02 minutes, 32 seconds West and parallel with the east line
of said Northwest Quarter of Section 15, a distance of 501.26 feet to the north line of said
Section 15, thence South 89 degrees, 51 minutes, 00 seconds West, along said north line a
distance of 105.52 feet , thence North 00 degrees, 53 minutes 21 seconds West and parallel with
the west line of said Section 10, a distance of 650.00 feet, thence South 89 degrees, 51 minutes,
00 seconds West and parallel with the south line of said Section 10, a distance of 200.00 feet,
thence North 00 degrees, 53 minutes, 21 sec onds West and parallel with the west line of said
Section 10, a distance of 656.24 feet, to a point on the north line of said Southeast Quarter of
the Southwest Quarter of Section 10, thence North 89 degrees, 45 minutes, 24 seconds East
along said north li ne, a distance of 1113.64 feet to the northeast corner of said Southeast
Quarter of the Southwest Quarter, thence South 00 degrees, 31 minutes, 57 seconds East, along
the east line of said Southeast Quarter of the Southwest Quarter a distance of 1307.98 fe et to
the southeast corner of said Southeast Quarter of the Southwest Quarter, thence South 00
degrees, 02 minutes, 32 seconds East, along the east line of said Northwest Quarter of Section
15 a distance of 501.26 feet to the south line of said North 30 ac res of the North One -Half of the
Northwest Quarter of Section 15, thence South 89 degrees, 51 minutes, 00 seconds West, along
said south line, a distance of 800.00 feet to the point of beginning, containing 39.5 acres, more
or less.
APPENDIX K
District CLR – Closed Landfill Restricted
A. Purpose
The Closed Landfill Restricted (CLR) District is intended to apply to former landfills that are
qualified to be under the Closed Landfill Program of the Minnesota Pollution Control Agency
(MPCA). The purpose of the district is to limit uses of land within the closed landfill, both
actively filled and related lands, to minimal uses in order to protect the land from human
activity where response action systems are in place and, at the same time, are protective of
human health and safety. This district shall only apply to the closed landfill’s Land Management
Area, the limits of which are defined by the MPCA. This district shall apply whether the landfill is
in public (MPCA, County, City, Township), Indian tribal, or private ownership.
For purposes of this ordinance, the Land Management Area for the _________ Landfill, a
qualified facility under the MPCA’s Closed Landfill Program, is described as:
B. Permitted Uses
The following uses are permitted within the CLR District: ___________.
C. Accessory Uses
Accessory uses allowed in this district include outdoor equipment or small buildings used in
concert with gas extraction systems, other response action systems, monitoring wells or any
other equipment designed to protect, monitor or otherwise ensure the integrity of the landfill
monitoring or improvement systems. Fences and gates shall apply under these provisions.
D. Conditional Uses
Conditional uses shall be limited to uses that do not damage the integrity of the Land
Management Area and that continue to protect any person from hazards associated with the
landfill.
Any application for a conditional use must be approved by the Commissioner of the MPCA and
the ___(LGU)____. Such approved use shall not disturb or threaten to disturb, the integrity of
the landfill cover, liners, any other components of any containment system, the function of any
monitoring system that exists upon the described property, or other areas of the Land
Management Area that the Commissioner of the MPCA deems necessary for future response
actions.
The following conditional uses are permitted within the CLR District:
E. Prohibited Uses and Structures
All other uses and structures not specifically allowed as conditional uses, or that cannot be
considered as accessory uses, shall be prohibited in the CLR District.
F. General Regulations
Requirements for __(parking, signs, area, height)__ and other regulations are set forth in
_______________.
G. Any amendment to this ordinance must be approved by the Commissioner of the
MPCA and the ___(LGU)___.
Conversions of Use – Guidelines and Requirements
Grant agreements between the Local Sponsor and the State require land developed, improved, or acquired
with Land and Water Conservation Fund (LWCF) and/or state assistance to be retained and used for
public outdoor recreation. Any property so acquired and/or developed shall not be wholly or partly
converted to other than public outdoor recreation uses without the approval of the State and/or National
Park Service (NPS) pursuant to Section 6(f)(3) of the LWCF Act and these regulations. The conversion
provisions of Section 6(f)(3), 36 CFR Part 59, and these guidelines apply to each area or facility for which
LWCF assistance is obtained, regardless of the extent of participation of the program in the assisted area
or facility and consistent with the grant agreement between NPS and the State.
This requirement applies to the area described in the project documentation approved by the State and/or
the NPS. This area normally exceeds that actually receiving State and/or LWCF assistance so as to ensure
the protection of a viable recreation entity.
Local sponsors must consult early with the State manager when a conversion is under consideration or has
been discovered. Any previous project agreements and actions must be identified and understood to
determine the actual boundary subject to the grant agreement. The State and/or the NPS Regional Director
have the authority to disapprove conversion requests and/or to reject proposed property substitutions. This
approval is a discretionary action and should not be considered a right of the project sponsor.
Situations that trigger a conversion include:
a. Property interests are conveyed for private use or non-public outdoor recreation uses.
b. Non-outdoor recreation uses (public or private) are made of the project area, or a portion
thereof, including those occurring on pre-existing rights-of-way and easements, or by a lessor.
c. Unallowable indoor facilities are developed within the project area without NPS approval, such
as unauthorized public facilities and sheltering of an outdoor facility.
d. Public outdoor recreation use of property acquired or developed with LWCF assistance is
terminated.
To Request Approval for a Conversion: Formal requests from the project sponsor for permission to
convert LWCF and/or state assisted properties in whole or in part to other than public outdoor recreation
uses must be submitted in writing.
1. Submit a narrative description of the proposal that identifies all practical alternatives have been
evaluated and rejected on a sound basis. The “do nothing” alternative must be considered.
Minnesota typically processes only a couple of conversions each year, usually for road
improvements undertaken to improve safety. Proposals to construct non-recreation facilities such
as cell phone towers or to convey an interest in the property to a private party generally do not
qualify, as there are usually practical alternatives available. Do not continue with the conversion
process until this step has been approved by the State.
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2. If approved to move forward with the conversion process, a critical first step is for the State and
Local sponsor to agree on the size of the Section 6(f) park land impacted by any non-recreation,
non-public use, especially prior to any appraisal activity. The area required for the conversion
could include the entire park depending on the impact of the proposed facility and/or could
include a minimum of all impacted land, buffer areas, any facility access, land cut off from the
remaining park area and possible visual and/or noise impacts.
3. The next step is to identify the proposed replacement land to be acquired. The replacement land
must be an addition to an existing facility or, if a new facility, constitute a viable, self-supporting
unit of outdoor recreation. The grants manager must approve the extent of the conversion and the
suitability of the replacement lands before continuing with the conversion process.
4. Information to be submitted with a conversion request:
a. Boundary maps of both the converted site and the proposed replacement land. These maps
must include references to known landmarks, a north arrow, acreages, a graphic scale, the
date of preparation, and the signature of the Local Sponsor. The map of the replacement land
should also indicate planned recreation development and a proposed timeline for that
development.
b. Appraisals and Appraisal Reviews - Fair market valuation of both the converted and
replacement lands. Appraisals for a federal conversion request must be prepared in
conformance with the Uniform Appraisal Standards for Federal Land Acquisitions and be
reviewed by a qualified review appraiser. Appraisals for a state conversion request must be
prepared in conformance with the Uniform Standards for Professional Appraisal Practice
(USPAP). The grants manager will be able to give you guidance on making the appraisal
assignments.
c. Environmental documentation - An environmental assessment must be prepared in
accordance with the National Environmental Policy Act (NEPA) and/or state guidelines for
both the property to be converted and the proposed replacement land. Additional information
will be provided by the grants manager.
d. Historical / Archeological Review and Coordination - The State Historic Preservation Office
(SHPO) must be afforded a chance to comment on the conversion proposal pursuant to
Section 106 of the National Historic Preservation Act of 1966 and/or Minnesota statutes. The
SHPO must be contacted and provided information about the proposal. If the SHPO
recommends a survey of the land be completed, the proposer must contract with a qualified
firm to complete it and coordinate with the SHPO on any actions that must be taken to protect
archeological / historical resources on the property.
If the conversion request is approved, the original grant agreement between the State and the Local
Sponsor will be amended to delete the converted lands and add the replacement lands to the project
boundary subject to the grant agreement.
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