3632060 - 245546 - PUBLIC - NO FURTHER ACTION FOR SOIL AND RAP IMPLEMENTATION REPORT APPROVAL - 20220
t-rem-vic2-10 · LB 1529 · 8/5/21
June 10, 2022
VIA EMAIL
Joshua Budish
Yankee Doodle BC LLC
5116 Skyline Drive
Edina, MN 55436-1354
RE: No Further Action Determination for Soil
Approval of RAP Implementation Report
Shafer Contracting Site, Intersection of Yankee Doodle Road and Dodd Road, Eagan
MPCA Site ID: BF0001709
Billing ID: 245546
PINs: 103060001120, 103060001130, 103060001141, 103060001151, and 103060001161
Dear Joshua Budish:
The Minnesota Pollution Control Agency (MPCA) staff in the Voluntary Investigation and Cleanup (VIC)
Program has been requested to provide a No Further Action Determination for releases identified at
the Shafer Contracting Site, located in the area referenced above (the Site).
The MPCA staff has reviewed the information submitted for the Site. The 7.77-acre Site was used for
agricultural purposes by 1937, a use that continued until the property went fallow in the 1970s. In
the 1990s through the early 2000s, a significant amount of land disturbance took place at the Site,
resulting in the promiscuous dumping of building materials and other construction debris. By the
late 2000s, the Site returned to vegetated vacant land. Soil piles containing unidentified debris
remained at the Site. The Gopher Resources facility is northwest-adjacent to the Site and has a
known history of lead emissions from their business operations.
A limited environmental investigation was completed at the Site in October 2020. Thirty-one soil
samples were collected at various depths from eight borings and five test pits. Twenty-six soil
samples were analyzed for lead and six soil samples were analyzed for volatile organic compounds
(VOCs) and diesel range organics (DRO). Lead was detected in soil at concentrations greater than the
MPCA’s industrial soil reference value (SRV). No VOCs were detected in the soil samples. No
groundwater or soil vapor samples were collected at the Site. Yankee Doodle BC LLC has
redeveloped the Site with a 112,500 square foot slab-on-grade commercial/industrial building with
truck docks, parking, and stormwater ponds.
For the purpose of this letter, the identified release at the Site is defined as lead in soil
(Identified Release). This letter does not address petroleum-related compounds. Technical
assistance for petroleum-related compounds may be obtained through the MPCA’s Petroleum
Brownfields Program.
Joshua Budish
Page 2
June 10, 2022
A Response Action Plan (RAP) and Construction Contingency Plan (CCP) dated January 7, 2021, was
approved by the MPCA in a letter dated March 23, 2021. Response actions completed at the Site
during redevelopment activities are described in the Response Action Plan Implementation Report
prepared by Vieau Associates, Inc., a Division of GZA and dated May 26, 2021 (Implementation
Report).
Approximately 56 tons of lead-contaminated soil intermixed with debris were excavated from two
areas within the southern fill pile as well as from other debris-laden areas of the Site. The excavated
soil and debris were disposed of at the Dem-Con Landfill in Shakopee. Soil confirmation samples
collected from the base and sidewalls of the remedial excavations and from test pits at depth prior
to the construction of the stormwater ponds indicate that residual contamination does not pose a
risk to human health or the environment. Soil response actions included the creation of vertical
buffers which were verified by the collection of 20 hand auger soil samples from zero-to-two feet
below impervious surfaces and 10 hand auger soil samples from zero-to-two and two-to-four feet in
greenspace areas for lead analyses. Lead was detected in the 30 hand-augered soil samples at
concentrations less than the MPCA’s industrial SRV.
The Implementation Report is approved. Based on a review of the information provided to the MPCA,
the MPCA staff will not request any further investigation or remediation of the Identified Release at the
Site. Furthermore, the MPCA is issuing a determination to take no action under Minn. Stat. §§ 115B.01-
115B.18, with respect to the Identified Release. Specifically, the MPCA staff will not refer the Identified
Release to the U.S. Environmental Protection Agency for inclusion in the Superfund Enterprise
Management System (SEMS) database, to the State Site Assessment staff for evaluation, or to the
MPCA Commissioner for the placement of the Site on the Permanent List of Priorities.
This determination is subject to the following conditions and qualifications:
1. This determination is based solely on the results of the soil investigation conducted on the Site.
Due to the lack of information regarding other media, this letter does not address any
conclusions or representations regarding the future need for further investigation or response
actions relating to groundwater or soil vapor.
2. This determination is contingent upon the continued commercial/industrial use of the Site.
Changes in land use can create new potential exposure pathways for soil or soil vapor
contaminants and should be preceded by a concurrent evaluation of Site conditions.
Joshua Budish
Page 3
June 10, 2022
Please be advised that the determination made in this letter is subject to the disclaimers found in
Attachment A. If you have any questions about the contents of this letter, please contact David Knight,
Project Manager, at 651-757-2857 or by email at david.knight@state.mn.us.
Sincerely,
Amy K. Hadiaris
This document has been electronically signed.
Amy K. Hadiaris, P.G.
Supervisor
Voluntary Investigation and Cleanup Unit
Remediation Division
AKH/DK:mh
Enclosure
cc: Elizabeth VanHoose, City of Eagan (electronic) (w/attachment)
Cathy Undem, Dakota County (electronic) (w/attachment)
Jeremy Pavlish, Vieau Associates, Inc. a Division of GZA (electronic) (w/attachment)
Attachment A
Page 1 of 1
Disclaimers
Shafer Contracting Site
MPCA Site ID: BF0001709
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 the Commissioner’s 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.