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4487544 - 112533 - PUBLIC - - 2025-05_NAD LETTER_BF0003001 - TEMPO_Assurance MMINNESOTA 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 May 30, 2025 VIA EMAIL Kevin Nestingen Kwik Trip Incorporated 1626 Oak St La Crosse, WI 54603-2308 RE: No Association Determination Kwik Trip 1795-4160,4168 and 4198 Pilot Knob Road, Eagan MPCA Site ID: BF0003001 Billing ID: 112533 PINS: 103310001010, 103310001020, and 103310001032 Dear Kevin Nestingen: This letter is in response to the request from Nick Stingl of Braun Intertec Corporation for a determination under Minn. Stat. section 11513.178 that certain actions proposed to be taken by Kwik Trip Incorporated at the Kwik Trip 1795 site, located at the address referenced above (the Site), will not constitute conduct associating Kwik Trip Incorporated 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 3.53-acre Site consists of three contiguous parcels that are currently developed with two multi-tenant, strip-mall style retail buildings. Historically the Site was vacant or agricultural land until the early 1980s, when the existing retail buildings were constructed, followed by construction of a filling station in the southern portion in 1990. Previous occupants of the retail buildings included a restaurant, gift shop, insurance office, convenience store, learning center, dry cleaner, liquor store, and dental and chiropractic offices. Dry cleaner businesses occupied a portion of the retail building on the northwest portion of the Site from approximately 1980 to 2015.The northwest building is currently vacant(4160 address) and the northeast retail building is occupied by office space and a liquor store (4168 address).The former southern building was used as a filling station until it was demolished, and the associated underground storage tanks were removed in 2022 (4198 address). Kwik Trip Incorporated intends to demolish the remaining buildings and redevelop the Site with a filling station and convenience store. A sub-slab soil vapor investigation in 2016 identified tetrachloroethene (PCE) greater than action levels beneath the former dry cleaning tenant space in the northwest building.The property that makes up the northwest building (4160-4166 Pilot Knob Road)was enrolled in the Superfund Program as a non-listed site (Martinizing Dry Cleaning, SR0001433) in December 2016.An active sub-slab depressurization (SSD) system was installed to mitigate vapors beneath the building in 2017 and is still operating in the vacant northwest building. t-rem-vic2-09 - LB 1528 - 6128124 Kevin Nestingen Page 2 May 30, 2025 Additional environmental investigations were completed at the Site in 2020, 2024, and 2025. In February 2020,July 2020, and December 2020 a total of 17 soil samples were collected from 14 borings and analyzed for volatile organic compounds (VOCs), diesel range organics (DRO), and gasoline range organics (GRO). One groundwater sample was collected from a temporary monitoring well in the northwestern area of the Site and analyzed for VOCs, DRO, and GRO. No VOCs were detected above reporting limits (RLs) in the soil samples or groundwater sample. A total of 10 soil borings (8 shallow, 2 deep) were advanced at the Site in August 2024. Soil borings identified historical fill intermixed with debris to depths up to 8.5 feet below ground surface. Ten soil samples were collected from the borings and analyzed for VOCs. No VOCs were detected in the soil samples. Ten groundwater samples were collected at the Site from temporary monitoring wells and analyzed for VOCs. Tetrachloroethene (PCE), dichlorofluoromethane (Freon-12), and chloroform were detected in groundwater at concentrations less than their respective Health Risk Limit(HRL) established by the Minnesota Department of Health for drinking water purposes. Chloroform is a disinfection byproduct created when chlorine reacts with naturally occurring organic material in drinking water. It can also be a laboratory contaminant. In the absence of a potential source at the Site,the detection of chloroform in a groundwater sample is not considered to reflect a release of contaminants at the Site. Nine exterior and six sub-slab soil vapor samples were collected at the Site in February 2020 and December 2020(heating season) and June 2020 (non-heating season).The sub-slab soil vapor samples were collected beneath the unmitigated northeast building at the Site. One exterior soil vapor sample collected from the southeastern area of the Site detected PCE and trichloroethylene (TCE) at concentrations greater than thirty-three times (33X)their commercial intrusion screening values (ISVs). However, review of laboratory quality assurance data indicated the sample was cross contaminated from a previous sampling event.Two confirmation soil vapor samples were collected from the same area as the elevated PCE/TCE sample. Trichloroethene was not detected and PCE was detected less than its commercial ISV in the two confirmation samples. Five exterior soil vapor samples were collected in the footprint of the proposed convenience store at the Site in August 2024(non-heating season) and January 2025 (heating season).Tetrachloroethene was detected in soil vapor at concentrations less than its commercial intrusion screening value (ISV). For the purpose of this letter, the identified release consists of PCE and Freon-12 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 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 Kwik Trip Incorporated with the Identified Release for the purpose of Minn. Stat. section 1158.03, subd. 3(a)(4). This determination applies only to the following Proposed Actions: • Purchase of the Site • Demolition of the existing Site buildings, subject to proper abatement of hazardous building materials • Redevelopment of the Site with a filling station and convenience store and related infrastructure, in accordance with an MPCA-approved Response Action Plan/Construction Contingency Plan Kevin Nestingen Page 3 May 30, 2025 • Operation of a filling station and convenience store 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 1156.178, subd. 1, and is subject to the following conditions: 1. The Proposed Actions shall be carried out as described herein. 2. Kwik Trip Incorporated 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. 3. Kwik Trip Incorporated 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. section 1156.178, subd.1,when Kwik Trip Incorporated takes the Proposed Actions in accordance with the determination in this letter, subject to the conditions stated herein,the Proposed Actions will not associate Kwik Trip Incorporated 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 Kwik Trip Incorporated'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 Kwik Trip Incorporated 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. Kevin Nestingen Page 4 May 30, 2025 If you have any questions about the contents of this letter, please contact Rebecca Ryser, Project Manager, at 651-757-2015 or by email at rebecca.ryser@state.mn.us. Sincerely, �,[ 64x7 K lYa4aviv ' This document has been electronically signed. Amy K. Hadiaris, P.G. Supervisor Voluntary Investigation and Cleanup Unit Remediation Division AKH/RR:mh Attachment cc: Elizabeth VanHoose, City of Eagan (electronic) (w/attachment) Cathy Undem, Dakota County(electronic) (w/attachment) Nicholas Stingl, Braun Intertec Corporation (electronic) (w/attachment) Attachment A Disclaimers Kwik Trip 1795 MPCA Site ID: BF0003001 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 1158.17, subd. 12. 6. This approval does not supplant any applicable state or local stormwater permits, ordinances, or other regulatory documents. Page 1 of 1