2025-02-27 MPCA Letter re No Association Determination 1 MINNESOTA 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
February 27, 2025
VIA EMAIL
Chris Moe
Eagan Town Centre 2025, LLC
2655 Cheshire Ln N
Plymouth, MN 55447-4906
RE: No Association Determination
Town Centre Shoppes, 3420-3450 Denmark Ave & 1250- 1272 Town Centre Dr, Eagan
MPCA Site ID: BF0002983
Billing ID: 21708
PINS: 107705501040, 107705501041, and 107706901010
Dear Chris Moe:
This letter is in response to the request from Dennis McComas of American Engineering Testing(AET) for
a determination under Minn. Stat. section 11513.178 that certain actions proposed to be taken by Eagan
Town Centre 2025, LLC at the Town Centre Shoppes site, located at the address referenced above (the
Site), will not constitute conduct associating Eagan Town Centre 2025, LLC with the release or
threatened release of hazardous substances, pollutants, or contaminants at the Site for the purpose of
Minn. Stat. section 11513.03, subd. 3(a)(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 4.40-acre Site consists of three non-
contiguous parcels that have been developed since at least 1988 with two buildings.The Denmark
Avenue building was constructed in 1988. Premier Cleaners, a drycleaner, occupied space on the
southern end of the Denmark Avenue building and used tetrachloroethene (PCE) as the primary cleaning
solvent during their operation from at least 2006 through 2021.The Denmark Avenue portion of the Site
was previously enrolled in the MPCA Superfund Program as the Premier Cleaners Eagan site
(SR0001616). Eagan Town Centre 2025, LLC intends to purchase the Site and continue leasing the Site to
various commercial/retail tenants.
A limited environmental investigation was completed at the Site in 2022 and 2023, under the regulatory
oversight of the MPCA's Superfund Program, centering around the former dry cleaner in the Denmark
Avenue building. Seven soil samples were collected in January 2022 from two hand auger borings and
five soil borings and analyzed for different combinations of analytes. In total, seven soil samples were
analyzed for volatile organic compounds (VOCs) and two soil samples were analyzed for Resource
Conservation and Recovery Act (RCRA) metals and diesel range organics (DRO). No VOCs or DRO were
detected in the soil samples. Metals were within the range of typical background concentrations.
Groundwater was encountered at the Site at depths of approximately 12 feet to 18 feet below ground
surface (bgs).Three groundwater samples were collected at the Site from temporary monitoring wells
and analyzed for VOCs. No VOCs were detected in the groundwater samples.
t-rem-vic2-09 • LB 1528 • 6128124
Chris Moe
Page 2
February 27, 2025
A total of eight sub-slab soil vapor samples were collected at the Site in January and March 2022
(heating season).Tetrachloroethene was detected in sub-slab soil vapor at concentrations greater than
the MPCA vapor mitigation action level of thirty-three times (33X) its industrial intrusion screening value
(ISV).A vapor mitigation system was required for the existing Denmark Avenue building at the Site.
Three exterior soil vapor samples were collected at the Site in February 2023 (heating season) and
May 2023 (non-heating season) and analyzed for VOCs. Tetrachloroethene was detected in one exterior
soil vapor sample at a concentration less than its industrial ISV.
An active sub-slab depressurization system (SSDS)was installed in the southern portion of the Denmark
Avenue building in July 2022. Post-mitigation confirmation sampling was completed in August 2022 and
February 2023.The MPCA Superfund Program issued a No Further Action Determination on August 5,
2024,for PCE in soil vapor.
To ensure ongoing protection against vapor intrusion,the vapor mitigation system in the southern
portion of the Denmark Avenue buildings must be operated, monitored, and maintained in accordance
with the Vapor Intrusion Mitigation System Operation and Maintenance Plan (O&M Plan) prepared by
Braun Intertec and dated September 16, 2022. Due to the affirmative obligation to operate and
maintain the vapor mitigation system, an Environmental Covenant and Easement(Environmental
Covenant)was filed on June 5, 2024, in the office of the County Recorder in and for Dakota County, as
document number 3632876.
For the purpose of this letter,the identified release consists of PCE and other non-petroleum VOCs 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
Brownfield 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.
section 11513.178, subd. 1 that the proposed actions (Proposed Actions) listed below will not associate
Eagan Town Centre 2025, LLC with the Identified Release for the purpose of Minn. Stat. section 1156.03,
subd. 3(a)(4).This determination applies only to the following Proposed Actions:
• Purchase of the Site
• Leasing the Site to commercial/retail tenants, 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
• Operation and maintenance of the Site building, grounds, and related infrastructure
This determination is made in accordance with Minn. Stat. section 115B.178, subd. 1, and is subject to
the following conditions:
1. The Proposed Actions shall be carried out as described herein.
2. Eagan Town Centre 2025, 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.
Chris Moe
Page 3
February 27, 2025
3. Eagan Town Centre 2025, 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.
4. Eagan Town Centre 2025, LLC shall continue operating the active soil vapor mitigation system
installed in the southern portion of the Denmark Avenue building in accordance with the O&M
Plan.
5. The Environmental Covenant requires submittal of an annual compliance report/letter by July 1"
of each year to document the status and condition of the vapor mitigation system. Eagan Town
Centre 2025, LLC, as the new Site owner, shall submit the annual compliance report/letter,
which should include supporting documentation,via electronic mail to
instcontrols.pca@state.mn.us. Please include the MPCA project name (Premier Cleaners
Eagan/Town Center Shoppes site) and identification number(SR0001616/BF0002983) on the
submittal.
Pursuant to Minn. Stat. section 11513.178, subd.1,when Eagan Town Centre 2025, 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 Eagan Town Centre 2025, LLC with the Identified Release
for the purpose of Minn. Stat. section 11513.03, subd. 3(a)(4).
The determination made in this letter applies to Eagan Town Centre 2025, 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 Eagan Town Centre 2025, 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 on compliance with the terms and conditions set forth herein, including
the ongoing operation, monitoring, and maintenance of the vapor mitigation system in the Denmark
Avenue building and the annual submittals of the Environmental Covenant compliance report/letter.
If you have any questions about the contents of this letter, please contact Shanna Schmitt,
Hydrologist/Project Manager, at 651-757-2697 or by email at shanna.schmitt@state.mn.us.
Sincerely, < l,[ D.
This document has been electronically signed.
Amy K. Hadiaris, P.G.
Supervisor
Voluntary Investigation and Cleanup Unit
Remediation Division
AKH/SS:df
Attachment
cc's: See next page
Chris Moe
Page 4
February 27, 2025
cc: Elizabeth VanHoose, City of Eagan (electronic) (w/attachment)
Nikki Stewart, Dakota County Environmental Resources (electronic) (w/attachment)
Amy Berg, Royal Credit Union (electronic) (w/attachment)
Joe Nunez,Vantage Law Group (electronic) (w/attachment)
Beth Timm, Gerstein-Timm, PLLC (electronic) (w/attachment)
Bruce Miller, MFC Properties 15 (electronic) (w/attachment)
Dennis McComas,American Engineering Testing, Inc. (electronic) (w/attachment)
Attachment A
Disclaimers
Town Centre Shoppes
MPCA Site ID: BF0002983
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.
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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