905 Yankee Doodle Rd - 2025-04-30 MPCA Letter re: No Association Determination for Past ActionsMMINNESOTA 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
April 30, 2025
VIA EMAIL
Paul Gibbs
SRRT Yankee, LLC
901 3rd St
Minneapolis, MN 55401-1001
RE: Retroactive No Association Determination for Past Actions
No Association Determination for Proposed Actions
Eagandale Center Industrial Park No. 5, 905 Yankee Doodle Rd, Eagan
MPCA Site ID: BF0002820
MPCA Billing ID: 30826
PIN: 102250401010
Dear Paul Gibbs:
This letter is in response to the request from Brad Ullery of Braun Intertec for a determination under
Minn. Stat. § 115B.178, subd. 1(b), that certain past actions taken by SRRT Yankee, LLC at the Eagandale
Center Industrial Park No. 5 site, located at the address referenced above (the Site), did not constitute
conduct that would associate SRRT Yankee, LLC with the release or threatened release of hazardous
substances, pollutants, or contaminants at the Site for the purpose of Minn. Stat. § 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 17.36 -acre Site is currently occupied
by a 358,532 square foot commercial warehouse building with paved parking. Historically, the Site was
used as agricultural land and a homestead prior to 1967. The original (southern) portion of the current
Site building was constructed in 1970, and the northern portion was constructed in 1980. The Site
building has been used for warehouse storage and distribution by various retail and commercial tenants
since its construction. The east adjacent parcel formerly operated as a drycleaner. A release of
chlorinated volatile organic compounds (VOCs) was discovered during the east adjacent parcel's
previous enrollment in the VIC Program as the Unitog site — Eagan (VP25190); this parcel remains an
active MPCA Site Assessment project (SA0001967). SRRT Yankee, LLC purchased the Site in 2023 for
continued leasing to commercial warehousing tenants.
One interior hand auger boring was advanced at the Site in June 2023, and a soil sample was collected
and analyzed for VOCs. In December 2023, one exterior soil boring was advanced in the southeast
portion of the Site to a depth of 36 feet below ground surface (bgs). Two soil samples were collected
and analyzed for VOCs, polynuclear aromatic hydrocarbons (PAHs), Resource Conservation and Recovery
Act (RCRA) metals, diesel range organics (DRO), and gasoline range organics (GRO). No VOCs or PAI -Is
were detected in the soil samples. Metals were within range of typical background concentrations.
t-rem-vic2-16 - LB 1533 - 5116122
Paul Gibbs
Page 2
April 30, 2025
Groundwater was not encountered during the Site investigation. On the east adjacent parcel (VP25190),
high concentrations of chlorinated VOCs were detected in a shallow, discontinuous perched
groundwater unit, encountered at a depth of 20 to 25 feet bgs, which is present in the north and central
portions of that property. Soil borings advanced in the southern and eastern portions of the east
adjacent property, as well as a soil boring placed along the west property boundary (i.e., near the east
Site boundary), did not encounter the shallow perched groundwater. No chlorinated VOCs were
detected in deeper groundwater samples collected on the east adjacent property.
Six sub -slab soil vapor samples (SS -1 to SS -6) were collected in the northeastern portion of the building
in December 2022 (heating season). Trichloroethene (TCE) was detected in one sample (SS -6) at a
concentration of 130 micrograms per cubic meter (µg/m3), which is less than 33 -times (33X) its
commercial intrusion screening value (ISV). Low concentrations of cis-1,2-dichloroethene (cis-1,2-DCE)
were also detected in two sub -slab soil vapor samples. In May 2023 (non -heating season), sample
location SS -6 was resampled along with four new sub -slab sample locations. No chlorinated VOCs were
detected in sub -slab soil vapor during the May 2023 event.
An additional soil vapor investigation was conducted at the Site in December 2023 (heating season) and
included the collection of 20 sub -slab soil vapor samples within the southeastern portion of the Site
building, which is adjacent to the former drycleaner. Tetrachloroethene (PCE) was detected in sub -slab
soil vapor at a maximum concentration of 88.9 µg/m3, which is significantly less than the MPCA action
level of 33X its commercial ISV. The other sub -slab soil vapor samples identified PCE below the
commercial ISV. Trichloroethene was detected in three sub -slab soil vapor samples at concentrations
less than or slightly greater than its commercial ISV. Vinyl chloride was detected in one sub -slab soil
vapor sample at a concentration much less than its commercial ISV.
Four exterior soil vapor samples were collected south and southeast of the Site building in December 2023
(heating season) and October 2024 (non -heating season). In the exterior soil vapor samples, PCE and TCE,
when detected, were at concentrations less than or slightly above their respective commercial ISVs.
For the purpose of this letter, the identified release consists of PCE, TCE, vinyl chloride, and cis-1,2-DCE
in soil vapor (Identified Release). This letter does not address petroleum -related contaminants.
Petroleum -related contamination at the Site was addressed through the MPCA's Petroleum Brownfields
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. § 115B.178,
subd. 1(b) that the past actions (Past Actions) as described below and as described in the Affidavit of
Steven G. Norcutt dated March 21, 2025 (Affidavit) will not associate SRRT Yankee, LLC with the
Identified Release for the purpose of Minn. Stat. § 11513.03, subd. 3(a)(4). This determination is being
sought for SRRT Yankee, LLC and the determination is retroactive to the date that SRRT Yankee, LLC
purchased the Site. This determination applies to the following Past Actions:
Purchase of the Site on January 25, 2023
Leasing the Site to commercial warehousing tenants provided that the tenants did 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
0 Operation and maintenance of the Site building, grounds, and related infrastructure
Paul Gibbs
Page 3
April 30, 2025
This letter also addresses SRRT Yankee, LLC's request for a determination under Minn. Stat. § 115B.178,
subd. 1(a) that certain actions proposed to be taken by SRRT Yankee, LLC at the Site will not constitute
conduct associating SRRT Yankee, LLC with the release or threatened release of hazardous substances,
contaminants, or pollutants at the Site for the purposes of Minn. Stat. § 11513.03, subd. 3(a)(4).
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. § 115B.178,
subd. 1(a) that the proposed actions (Proposed Actions) as described below will not associate SRRT
Yankee, LLC with the Identified Release for the purpose of Minn. Stat. § 11513.03, subd. 3(a)(4). This
determination applies to the following Proposed Actions:
• Leasing the Site to commercial warehousing 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
The Retroactive No Association Determination and No Association Determination made in this letter are
subject to the following conditions:
1. The representations made in the Affidavit are accurate and the Past Actions were carried out as
described herein and in the Affidavit.
2. The Proposed Actions shall be carried out as described herein.
3. SRRT Yankee, 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.
4. SRRT Yankee, 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.
Pursuant to Minn. Stat. § 115B.178, subd.1, when SRRT Yankee, 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 SRRT Yankee, LLC with the Identified Release for the purpose of Minn. Stat.
§ 115B.03, subd. 3(a)(4).
The determination made in this letter applies to SRRT Yankee, 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 SRRT Yankee, LLC proposes to take, as described herein; and 3) comply with the
conditions set forth in this letter.
Paul Gibbs
Page 4
April 30, 2025
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.
If you have any questions about the contents of this letter, please contact Amanda Guertin, Project
Manager, at 651-757-2369 or by email at amanda.guertin@state.mn.us.
Sincerely,
c4W7 I<. Na4ev�
This document has been electronically signed.
Amy K. Hadiaris, P.G.
Supervisor
Voluntary Investigation and Cleanup Unit
Remediation Division
AKH/AG:akh
Enclosure
cc: Derek Schilling, Braun Intertec (electronic)
Nikki Stewart, Dakota County (electronic)
Elizabeth VanHoose, City of Eagan (electronic)
Disclaimers
Eagandale Center Industrial Park No. 5
MPCA Site ID: BF0002820
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 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, it's 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. § 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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