3914 Cedarvale Dr - MPCA Ltr 2016-04-14QO.004:', Minnesota Pollution Contr®l Agency
520 Lafayette Road North I St. Paul, Minnesota 55155-4194 1 651-296-6300
800-657-3864 1 Use your preferred relay service I info.pca@state.mn.us I Equal Opportunity Employer
April 8, 2016
Mr. Robert Ketner
Affinity at Eagan, LLC
120 West Catalado Avenue
Suite 100
Spokane, WA 99201
RE: Affinity at Eagan, 3914 Cedarvale Drive, Eagan
MPCA Project Number VP34050
PIN 105622000010
No Association Determination
Dear Mr. Ketner:
This letter is in response to the request from Jeremy Hansen of Braun Intertec Corporation for a
determination under Minn. Stat. § 1158.178 that certain actions proposed to be taken by Affinity at
Eagan, LLC at the Affinity at Eagan site, located at the address referenced above (the Site), will not
constitute conduct associating Affinity at Eagan, LLC with the release or threatened release of hazardous
substances, pollutants, or contaminants at the Site for the purpose of Minn. Stat. § 1158.03, subd. 3(4)
2015).
The Minnesota Pollution Control Agency (MPCA) staff in the Voluntary Investigation and Cleanup (VIC)
Program has reviewed the documents submitted for the Site. Three full parcels and five partial parcels
have been combined to form the current 4.04 acre Site. Eight buildings were constructed across the Site
during the 1960s, and tenants of these buildings included restaurants, a gas station, a self -serve car
wash, a hardware store, a tool rental shop, an automotive parts store,, an automotive repair shop, a tire
store, and a recreational equipment sales store. All of these buildings were demolished by the city of
Eagan Economic Development Authority (EDA) between 2007 and 2012 as they began acquiring the
individual parcels that comprise the Site, The EDA then graded and developed the Site as a temporary
parking lot, and the Site presently provides parking for an adjacent outlet mall.
The Site has been the subject of serval subsurface investigations related to petroleum releases for
approximately the last 20 years. An investigation in 2007 detected elevated concentrations of
tetra chloroethene (PCE) in soil vapors. Another investigation in 2008 detected low levels of barium in
groundwater and polynuclear aromatic hydrocarbons (PAHs) and metals in soil. A soil vapor
investigation conducted in September 2015 advance six push -probes to collect 12 samples that were
analyzed for volatile organic compounds (VOCs). Nine of the 12 samples analyzed detected PCE in soil
vapor at concentrations greater than ten -times the MPCA's Intrusion Screening Value (ISV) for
residential land use. Three of the 12 samples detected PCE at a concentration greater than one -
hundred -times the MPCA's ISV for residential land use.
Mr. Robert Ketner
Page 2
April 8, 2016
A subsurface investigation conducted in November 2015 excavated nine test pits and collected eight soil
samples that were analyzed for VOCs, PAHs, diesel range organics (DRO), gasoline range organics (GRO),
and the eight Resource Conservation and Act (RCRA) metals. Low levels of PAHs were detected in soil at
concentrations less than the MPCA's Soil Reference Values (SRVs) for residential land use. In
February 2016, an additional subsurface investigation was conducted at the Site where 10 soil samples
were collected and analyzed for VOCs, GRO, DRO, PAHs, and RCRA metals.
PAHs were again detected in soil at concentrations less than residential SRVs. For the purpose of this
determination, the identified release at the Site is defined as PAHs in soil and PCE in soil vapor (the
Identified Release).
This letter does not address petroleum compounds detected at the Site. Assurances regarding
petroleum products may be available from the MPCA Petroleum Brownfields Program.
Based upon a review of the information provided to the MPCA VIC Program, and subject to the
conditions set forth in this letter, a determination is hereby made pursuant to Minn. Stat. § 115B.178,
subd. 1 that the proposed actions (Proposed Actions) as described in a letter from Jeremy Hansen to
Stacey Hendry -Van Patten of the MPGA, dated March 17,2016 (the Letter) will not associate Affinity at
Eagan, LLC with the Identified Release for the purpose of Minn. Stat. § 11513.03, subd. 3(4) (2015). This
determination applies only to the following Proposed Actions:
Purchase of the Site;
Implementation of an MPCA-approved response action plan;
Redevelopment of the Site for use as a senior living facility including a paved parking and
associated green space;
Operation and maintenance of the Site; and
Entering into new leases with tenants at the Site provided that the tenants do not engage in the
business of generating, transporting, storing, treating or disposing of the compounds, or
breakdown products of the compounds, comprising the Identified Release.
This determination is made in accordance with Minn. Stat. § 115B.178, subd. 1, and is subject to the
following conditions:
1. The Proposed Actions shall be carried out as described in the Letter;
2. Affinity at Eagan, LLC shall cooperate with the MPCA, its employees, contractors, and others
acting at the MPCA's direction, in the event that the MPCA takes, or directs others to take,
response actions at the Site to address the Identified Release or any other as yet unidentified
release or threatened release of a hazardous substance, pollutant, or contaminant, including,
but not limited to, granting access to the Site so that response actions can be taken;
3. Affinity at Eagan, LLC shall avoid actions that contribute to the Identified Release or that
interfere with response actions required under any MPCA-approved response action plan to
address the Identified Release; and
Mr. Robert Ketner
Page 3
April 8, 2016
4. In the event that any suspected hazardous substances are encountered during Site activities (i.e.,
demolition, grading, redevelopment, etc.), Affinity at Eagan, LLC shall notify the MPCA project staff
immediately in order to determine appropriate handling, sampling, analysis, and disposal of such
waste
Pursuant to Minn. Stat. § 115B.178, subd.1, when Affinity at Eagan, LLC takes the Proposed Actions in
accordance with the determination in this letter, subject to the conditions stated herein, the Proposed
Actions will not associate Affinity at Eagan, LLC with the Identified Release for the purpose of
Minn. Stat. § 11513.03, subd. 3(4) (2015).
The determination made in this letter applies to Affinity at Eagan, LLC's successors and assigns if the
successors and assigns: 1) are not otherwise responsible for the Identified Release at the Site; 2) do not
engage in activities with respect to the Identified Release which are substantially different from the
activities which Affinity at Eagan, LLC proposes to take, as described in the Letter; and 3) comply with
the conditions set forth in this letter.
Please be advised that the determination made in this letter is subject to the disclaimers found in
Attachment A and is contingent on compliance with the terms and conditions set forth herein.
If you have any questions about the contents of this letter, please contact Christopher Formby,
Project Manager, at 651-757-2712 or email at christopher.formby@state.mn.us.
Sincerely,
Z
Gary L. Krueger
Supervisor
Site Remediation & Redevelopment Section
Remediation Division
GLK:csa
Attachment
cc: Christina Scipioni, City Clerk, Eagan
Michael Scott, Fire Chief, Eagan
Dakota County Government Center
Jeremey Hansen, Braun Intertec Corporation
ATTACHMENT A
DISCLAIMERS
AFFINITY AT EAGAN
MPCA PROJECT NUMBER VP34050
1. Reservation of Authorities
The MPCA Commissioner reserves the authority to take any appropriate actions with respect to any
release, threatened release, or other conditions at the Site. The MPCA Commissioner also reserves
the authority to take such actions if the voluntary party does not proceed in the manner described
in this letter or if actions taken or omitted by the voluntary party with respect to the Site contribute
to any release or threatened release, or create an imminent and substantial danger to public health
and welfare.
2. No MPCA Assumption of Liability
The MPCA, its Commissioner and staff do not assume any liability for any release, threatened
release or other conditions at the Site or for any actions taken or omitted by the voluntary party
with regard to the release, threatened release, or other conditions at the Site, whether the actions
taken or omitted are in accordance with this letter or otherwise.
3. Letter Based on Current Information
All statements, conclusions and representations in this letter are based upon information known to
the MPCA Commissioner and staff at the time this letter was issued. The MPCA Commissioner and
staff reserve the authority to modify or rescind any such statement, conclusion or representation
and to take any appropriate action under his authority if the MPCA Commissioner or staff acquires
information after issuance of this letter that provides a basis for such modification or action.
4. Disclaimer Regarding Use or Development of the Property
The MPCA, its Commissioner and staff do not warrant that the Site is suitable or appropriate for any
particular use.
5. Disclaimer Regarding Investigative or Response Action at the Property
Nothing in this letter is intended to authorize any response action under Minn. Stat. §115B.17,
subd. 12.
6. This approval does not supplant any applicable state or local stormwater permits, ordinances, or
other regulatory documents.
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