4040 Eagan Outlets Pkwy - Ltr 2021-05-24 re MPCA Approval of Construction Contingency Plan
May 24, 2021
VIA EMAIL
Patrick Elgin
Little North Fork VIII Eagan LLC
D/B/A Sola Salon Studios
P.O. Box 270876
St. Paul, MN 55127-0876
RE: Approval of Response Action Plan Construction Contingency Plan
Sola Eagan, 4040 Eagan Outlets Parkway, Eagan
MPCA Site ID: BF0001755
Billing ID: 246207
PIN: 10-16724-01-020
Dear Patrick Elgin:
The Minnesota Pollution Control Agency (MPCA) Brownfield staff in the Petroleum Brownfield (PB)
and Voluntary Investigation and Cleanup (VIC) Programs have reviewed the Response Action Plan
(RAP) and Contingency Construction Plan (CCP) submitted for the Sola Eagan site, located at the
address referenced above (the Site). The RAP and CCP dated April 6, 2021, was prepared and
submitted on your behalf by Braun Intertec.
The Site consists of an approximate 1.34-acre parcel in the city of Eagan. A gas station-auto repair facility
and restaurant were formerly located on the northern and southern portions of the Site respectively.
The proposed development includes the construction of a 9,300 square foot slab-on-grade building with
50 studios and 74 exterior parking spaces. Development response actions will be implemented to allow
redevelopment of the Site for commercial use. Petroleum contaminated soils will be excavated and
disposed of at an approved landfill.
The RAP and CCP is approved, subject to the following conditions:
1. Based on data collected to-date, including two rounds of seasonal soil vapor sampling, cleanup
of non-petroleum compounds is not required. The VIC Program is approving the RAP and CCP as
a Construction Contingency Plan.
2. Petroleum-contaminated soils encountered at the site, at or greater than 200 parts per million
(PPM) as measured by a photoionization detector (PID), should be excavated and properly
managed at an MPCA approved off-site treatment/disposal facility.
3. Petroleum-contaminated soils less than 200 PPM (PID) may be thin spread on-site under paved
surfaces.
4. A minimum four-
vegetative cover.
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Patrick Elgin
Page 2
May 24, 2021
5. Petroleum-contaminated soils at or greater than ten PPM (PID) encountered during the
installation of underground utilities should be removed and properly managed as part of the
RAP and CCP. If contamination remains at or above ten PPM a vapor barrier is required.
6. Imported soil and excess fill targeted for off-site reuse shall be from a native source and/or
unregulated fill. Soils that do not meet unregulated fill criteria may
not be used at the discretion of the contractor or other project personnel.
7. Any contaminated soils removed from the site must be treated or disposed of in a method
approved by the MPCA. Contaminated soils transported to an approved landfill must be in
compliance with all state and local permits. The applicant must notify MPCA staff when
contaminated soils are initially transported and where soils will be disposed of prior to disposal.
Please include all transportation and handling manifests for such soils within the final
implementation report.
8. This RAP/CCP approval is contingent on the applicant obtaining all other required state, federal,
and local government permits.
9. MPCA Brownfield Program staff does not provide review or approval of the discharge and/or
treatment of groundwater, stormwater, or any other dewatering action.
An implementation report describing the completed response action activities, sampling results, soil
management and disposal, and imported soils shall be prepared and submitted to the MPCA. If the
implementation report will not be submitted within one year of the date of this letter, please notify the
MPCA project staff of the status of the development. Approval of this plan does not suggest that any of
the costs incurred will be eligible for reimbursement from the Petro Board.
Approval of this plan does not constitute approval that costs incurred may be eligible for reimbursement
from the Drycleaner Fund.
This letter is subject to the disclaimers found in Attachment A. If you have any questions about this
letter, please contact Mark Koplitz, Project Manager, at 651-757-2502 or by email at
mark.koplitz@state.mn.us or Hydrogeologist Jennifer Haas, at 651-757-2401 by email at
jennifer.haas@state.mn.us.
Sincerely,
Mark E. Koplitz Jennifer A. Haas
ŷźƭ ķƚĭǒƒĻƓƷ ŷğƭ ĬĻĻƓ ĻƌĻĭƷƩƚƓźĭğƌƌǤ ƭźŭƓĻķ͵ ŷźƭ ķƚĭǒƒĻƓƷ ŷğƭ ĬĻĻƓ ĻƌĻĭƷƩƚƓźĭğƌƌǤ ƭźŭƓĻķ͵
Mark E. Koplitz Jennifer A. Haas
Project Manager Hydrologist
Remediation Division Remediation Division
MEK/JAH:ah:mh
Enclosure
cc: Christina Scipioni, City Clerk (electronic)
Georg Fischer, Dakota County Environmental Services Department Director (electronic)
Jeremy Hansen, Braun Intertec (electronic)
Attachment A
Disclaimers
Sola Eagan
MPCA Site ID: BF0001755
PIN: 10-16724-01-020
1. Reservation of authorities
The Minnesota Pollution Control Agency (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.
This approval does not supplant any applicable state or local stormwater permits, ordinances, or other
regulatory documents.
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