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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.