1243 Eagan Industrial Rd - Ltr 2022-20-32 MPCA re No Association DeterminationMINNESOTA POLLUTION
CONTROL 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
October 21, 2022
VIA EMAIL
William Morgan
Northwest Respiratory Services, LLC
716 Prior Avenue North
Saint Paul, MN 55104-1061
RE: No Association Determination
1243 Eagan Industrial Rd, 1243 Eagan Industrial Rd, Eagan
MPCA Site ID: BF0002326
Billing ID: 24118
PI Ns: 10-22500-02-042, 10-22500-02-050, 10-22500-02-060, and 10-22500-02-070
Dear William Morgan:
This letter is in response to the request from Ted Feit of Merjent, Inc. for a determination under Minn.
Stat. section 115B.178 that certain actions proposed to be taken by Northwest Respiratory Services, LLC
at the 1243 Eagan Industrial Rd site, located at the address referenced above (the Site), will not
constitute conduct associating Northwest Respiratory Services, LLC with the release or threatened
release of hazardous substances, pollutants, or contaminants at the Site for the purpose of Minn.
Stat. section 115B.03, subd. 3(4).
The Minnesota Pollution Control Agency (MPCA) staff in the Voluntary Investigation and Cleanup (VIC)
Program has reviewed the documents submitted for the Site. The 3.47 -acre Site was vacant cultivated
land from at least 1937 until the first portion of the existing Site building was constructed in 1968.
Building additions were constructed in 1972, 1973, and 1984, resulting in the current building
configuration. The Site was occupied by various metal manufacturing businesses from 1968 until 1996.
From 1997 until 2020, the Site was occupied by Brock White Company, as a construction material
office/showroom/warehouse. Since 2020, the Site has been used as a distribution warehouse for
consumer vehicle maintenance products. Northwest Respiratory Services, LLC intends to renovate the
existing Site building for use as an office and warehouse space to support their medical oxygen
distribution business. This work will include the installation of a water line for a new sprinkler system
and the installation of an external foundation pad to support a liquid oxygen supply tank.
A limited environmental investigation was completed at the Site in August 2022. Eleven soil samples
were collected from eight external soil borings and three hand augers advanced beneath the building
slab and analyzed for volatile organic compounds (VOCs), semi -VOCs, Resource Conservation and
Recovery Act (RCRA) metals, diesel range organics (DRO), and gasoline range organics (GRO). No VOCs or
semi -VOCs were detected in the soil samples. Metals were within the range of typical background
concentrations. Five groundwater samples were collected from temporary wells and analyzed for VOCs,
semi -VOCs, RCRA metals, DRO, and GRO. Trichloroethene (TCE) was detected in groundwater at a
maximum concentration of 3.4 micrograms per liter (µg/L), which is greater than the Health Risk Limit
t-rem-vic2-09 • LB 1528 • 7115122
William Morgan
Page 2
October 21, 2022
(HRL) established by the Minnesota Department of Health (MDH) for drinking water purposes. The
dissolved barium detected in groundwater is within the range of typical background concentrations.
Six sub -slab soil vapor samples were collected at the Site in August 2022 (non -heating season).
Trichloroethene was detected in a sub -slab soil vapor sample collected from the center of the Site
building at a concentration greater than the MPCA's vapor mitigation action level of thirty-three times
(33X) the industrial intrusion screening value (ISV). Tetrachloroethene (PCE) was detected in sub -slab
soil vapor at concentrations less than the MPCA's industrial ISV. A vapor mitigation system is required
for the existing building at the Site.
For the purpose of this letter, the identified release consists of TCE in groundwater, and PCE and TCE in
soil vapor (Identified Release). This letter does not address petroleum -related contaminants. Technical
assistance for petroleum -related compounds may be obtained through the MPCA's Petroleum
Brownfields Program.
Based on 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. section 115B.178, subd.
that the proposed actions (Proposed Actions) listed below will not associate Northwest Respiratory
Services, LLC with the Identified Release for the purpose of Minn. Stat. section 11513.03, subd. 3(4). This
determination applies only to the following Proposed Actions:
• Purchase of the Site
• Implementation of environmental response actions at the Site, to include an active vapor
mitigation system, in accordance with an MPCA-approved Response Action Plan
• Renovation of the existing Site building, subject to proper abatement of hazardous building
materials
• Excavation of a trench for the installation of a new fire sprinkler service water line, excavation
associated with the installation of an external foundation pad to support a liquid oxygen supply
tank, and resurfacing existing paved driveways and parking areas, all in accordance with an
MPCA-approved Construction Contingency Plan
• Operation of a medical oxygen distribution business at the Site, provided that the business does
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
• Operation and maintenance of the Site building, grounds, and related infrastructure
This determination is made in accordance with Minn. Stat. section 11513.178, subd. 1, and is subject to
the following conditions:
1. The Proposed Actions shall be carried out as described herein.
Northwest Respiratory Services, 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.
Northwest Respiratory Services, 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.
William Morgan
Page 3
October 21, 2022
4. A vapor mitigation system shall be installed in the Site building in accordance with an MPCA-
approved RAP. Please refer to the MPCA's Vapor Mitigation Best Management Practices for
guidance on diagnostic testing, system installation and confirmation sampling.
In the event that any suspected hazardous substances are encountered during Site activities
(i.e., demolition, grading, etc.), Northwest Respiratory Services, LLC shall notify the MPCA
project staff immediately in order to determine appropriate handling, sampling, analysis, and
disposal of such wastes.
6. Northwest Respiratory Services, LLC shall record, at its own expense, in the office of the County
Recorder or Registrar of Titles, whichever is appropriate, in and for Dakota County, an
Environmental Covenant approved by the MPCA as provided in the Uniform Environmental
Covenants Act, Minn. Stat. ch. 114E (Supp. 2007) (UECA). Directions and a template for the
Environmental Covenant and Easement can be found on the MPCA's webpage. A copy of the
proposed Environmental Covenant language shall be submitted to the MPCA staff for review
and approval along with the pending Implementation Report and Northwest Respiratory
Services, LLC shall file the Environmental Covenant within thirty (30) days after receipt of MPCA
approval. Northwest Respiratory Services, LLC shall submit a copy of the Environmental
Covenant as recorded to the MPCA within thirty (30) days after the Environmental Covenant is
officially recorded. Northwest Respiratory Services, LLC shall provide notice of the
Environmental Covenant to those parties to whom notice is required under the UECA.
Pursuant to Minn. Stat. section 11513.178, subd.1, when Northwest Respiratory Services, 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 Northwest Respiratory Services, LLC with the Identified
Release for the purpose of Minn. Stat. section 11513.03, subd. 3(4).
The determination made in this letter applies to Northwest Respiratory Services, 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 that Northwest Respiratory Services, LLC proposes to take, as described herein; 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 upon compliance with the terms and conditions set forth herein,
including the submittal of the copy of the recorded Environmental Covenant documents.
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.
William Morgan
Page 4
October 21, 2022
Sincerely, < N D
This document has been electronically signed.
Amy K. Hadiaris, P.G.
Supervisor
Voluntary Investigation and Cleanup Unit
Remediation Division
AKH/DK:df
Attachment
cc: Ted Feit, Merjent, Inc. (w/attachment) (electronic)
Cathy Undem, Dakota County (w/attachment) (electronic)
Elizabeth VanHoose, City of Eagan (w/attachment) (electronic)
Disclaimers
1243 Eagan Industrial Rd
MPCA Site ID: BF0002326
1. Reservation of authorities
Attachment A
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 on 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.
section 1156.17, subd. 12.
6. This approval does not supplant any applicable state or local stormwater permits, ordinances, or
other regulatory documents.
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