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.
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