3790 Dodd Rd - Tank ReleaseMinnesota Pollution Control Agency enc , S
J Y
October 29, 2008
Mr. John Tapper
Starfire Property, LLC
Wescott Property, LLC
3385 S Highway 149
Eagan, MN 55121
RE: Petroleum Tank Release Site File Closure
Site: Aconite, 3790 Dodd Road, Eagan
Site ID #: LEAK00015515
Dear Mr. Tapper:
520 Lafayette Road North 1 St. Paul, MN 55155-4194
651 -296 -6300 1' 1- 800 - 657 -3864 1 651- 282 -5332 TTY 1 www.pca.state.mn.us
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We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Petroleum
Remediation Program (PRP) staff has determined that your investigation and /or cleanup has adequately
addressed the petroleum tank release at the site listed above. Based on the information provided, the PRP
staff has closed the release site file.
Closure of the file means that the PRP staff does not require any additional investigation and /or cleanup
work at this time or in the foreseeable future. Please be aware that file closure does not necessarily mean
that all petroleum contamination has been removed from this site. However, the PRP staff has concluded
that any remaining contamination, if present, does not appear to pose a threat to public health or the
environment.
The .MPCA reserves the right to reopen this file and to require additional investigation and/or cleanup
work if new information or changing regulatory requirements make additional work necessary. If you or
other parties discover additional contamination (either petroleum or non - petroleum) that was not
previously reported to the MPCA, Minnesota law requires that the MPCA be immediately notified.
You should understand that this letter does not release any party from liability for the petroleum
contamination under Minn. Stat. ch. 1 15C (2008) or any other applicable state or federal law. In addition,
this letter does not release any party from liability for non - petroleum contamination, if present, under
Minn. Stat. ch. 1 15B (2008), the Minnesota Superfund Law.
If future development of the site or the surrounding area is planned, it should be assumed that petroleum
contamination may be present. State law requires that persons properly manage contaminated soil and
water they uncover or disturb - even if they are not the party responsible for the contamination. For some
properties, special construction may also be needed to prevent the further spreading of the contamination
and /or to prevent petroleum vapors from entering buildings or utility corridors.The MPCA Petroleum
Brownfields Program can assist with reviews and approvals of Development Response Action Plans
required to address environmental risk from petroleum contamination. If contamination is encountered
during development work, contact the MPCA immediately.
St. Paul 1 Brainerd 1 Detroit Lakes 1 Duluth 1 Mankato 1 Marshall 1 , Rochester 1 Willmar 1 Printed on 100% post- consumer recycled paper
Mr. John Tapper
Page 2
October 29, 2008
For specific information regarding petroleum contamination that may remain at this leak site, please call
the Petroleum Remediation File Request Program at 651 -297 -8499. Thank you for your response to this
petroleum tank release and for your cooperation with the MPCA to protect public health and the
environment. If you have any questions regarding this letter, please call Mark Koplitz at 651- 296 -7999 or
site hydrogeologist Tom Higgins at 651- 282 -9880.
Sincerely,
MK:tf
Mark Koplitz
Project Leader
Petroleum and Closed Landfill Section
Remediation Division
cc: Maria Petersen, City Clerk, Eagan
Mike Scott, Fire Chief, Eagan
Sheila Wiegman, Dakota County Solid Waste Officer
Sherry Van Duyn, Landmark Environmental, LLC, Bloomington
Tom Higgin
Hydrogeologi t
Petroleum and Closed Landfill Section
Remediation Division
Dear Mr. Faldorf:
da Minnesota Pollution Control Agency
November 17, 2003
Mr. Darrold Faldorf
Starfire R & F
607 Island View Drive NE
Bemidji, MN 56601
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Aconite, 3790 Dodd Road, Eagan55122, Dakota,
Site ID #: LEAK00015515
Notice of Release
The Minnesota Pollution Control Agency (MPCA) has been informed that a release of petroleum has occurred
from storage tank facilities that you own and/or operate. We appreciate your timely notification so this site can be
handled in an efficient manner.
Legal Obligations
Request to Take Corrective Action
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9 o»
Federal and state laws require that persons legally responsible for storage tank releases notify the MPCA of the
release, investigate the release and, if necessary, clean up the release. A person is considered legally responsible
for a tank release if the person owned or operated the tank either during or after the release, unless specifically
exempted under the law. If you believe that you are not legally responsible for this storage tank release, please
contact the project manager listed below.
If you are not legally responsible for the release, but hold legal or equitable title to the property where a petroleum
tank release occurred, you may volunteer to take corrective action. The legislature established the Petroleum Tank
Release Compensation Fund (Petrofund) to reimburse responsible persons and volunteers who take corrective
action for a portion of their costs. The Petrofund is administered by the Petroleum Tank Release Compensation
Board (Petro Board), which is part of the Minnesota Department of Commerce. To learn more about the Petrofund
reimbursement program and the responsibilities of an eligible applicant, please contact Petrofund staff at
651/215 -1775 or 1- 800 -638 -0418 (in greater Minnesota only). We strongly encourage you to familiarize yourself
with the enclosed proposal and invoice forms and the other program requirements in order to maximize the
available reimbursement (Please note that final decisions regarding the amount of reimbursement are made by the
Petro Board).
The MPCA staff requests that you take steps to investigate and, if necessary, clean up the release in accordance
with the enclosed MPCA fact sheets. The site investigation must fully define the extent and magnitude of the soil
and/or ground water contamination caused by the release. A report (excavation report and/or remedial
investigation/corrective action design (RI/CAD)) which details the results of the investigation or concludes that
excavation was sufficient to clean up the release must be submitted to this office within 10 months of the date of
this letter. Please refer to MPCA fact sheets for information pertaining to the amount of work needed at the
petroleum release site(s).
520 Lafayette Rd. N.; Saint Paul, MN 55155 -4194; (612) 296 -6300 (Voice); (612) 282 -5332 (TTY); www.pca.state.mn.us
St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar
Equal Opportunity Employer • Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers.
Mr. Darrold Faldorf
Page 2
November 17, 2003
Sites with free product (free- floating petroleum), drinking water supply impacts, surface water impacts, indoor
vapor impacts, fire or explosion hazards, or ground water impacts which pose a significant threat to public health
or the environment, are considered high priority for staff review. If one or more of these situations apply to your
site, an RUCAD report must be submitted within 90 days. In addition, if you know or discover that there is free -
product from a well, excavation, or borehole, you must notify the MPCA within 24 hours and IMMEDIATELY
begin interim free product recovery.
If you have not already done so, the MPCA recommends that you hire a qualified consulting firm registered with
the Petro Board that has experience in conducting petroleum tank release site investigations and in proposing and
implementing appropriate
p g corrective actions. A list of registered contractors is available from the Petrofund staff.
The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have
not been fulfilled. Please note that, under Minn. R. 2890 (1998), you must solicit a minimum of two written
competitive consultant proposals on a form prescribed by the Petro Board. A minimum of two written competitive
contractor bids must also be obtained for each contractor service. We encourage you to contact Petrofund staff for
answers to all of your questions about bidding and the other Petrofund reimbursement program requirements.
Required Response
MPCA staff requests a response to this letter within 30 days. Please tell us whether you intend to proceed with the
requested work. If you do not respond within this time frame, the MPCA staff will assume that you do not intend
to comply, in which case the MPCA Commissioner may order you to take corrective action. Failure to cooperate
with the MPCA in a timely manner may result in reduced reimbursement from the Petro Board. See Minn. R. 2890
(1998). The enclosed fact sheets will provide you with the information necessary to complete a successful
investigation and cleanup. If you have any questions concerning this letter or need additional information, please
contact me at 651- 297 -8594. Please reference the above LEAK # in all correspondence. If you are calling long
distance, you may reach the MPCA by calling 1- 800 - 657 -3864.
Sincerely,
Jessica Ebertz
Project Manager
Petroleum Remediation Unit
Petroleum and Landfill Remediation Section
Majors and Remediation Division
JME:ais
Enclosures
cc: Maria Karels, City Clerk, Eagan
Craig Jensen, Fire Chief, Eagan
Sheila Wiegman, Dakota County Solid Waste Officer
David Jenkin, All Phase Companies, Lakeland
IOW
October 10, 2005
Mr. Darrold Faldorf
Starfire R &F
607 Island View Drive NE
Bemidji, MN 56601
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Aconite, 3790 Dodd Road, Eagan
Site ID#: LEAK00015515
Dear Mr. Faldorf:
On November 4, 2003, the Minnesota Pollution Control Agency (MPCA) staff was notified that
a release of petroleum occurred from storage tank facilities that you own and/or operate at the
site referenced above.
A recent review of our files indicates that we have not heard from you whether you intend to
investigate and, if necessary, clean up the petroleum contamination at this site. We also have not
received an Excavation Report Worksheet or Investigation Report Form within the timeframe
outlined in our November 17, 2003, letter to you. We again ask that you respond verbally or in
writing to this letter and describe the status of your investigation and/or cleanup, or explain why
no action has been taken. You must respond within 30 days of receipt of this letter. Failure to do
so may result in reduced reimbursement from the Petrofund and/or enforcement action taken
against you by the MPCA.
If you have questions regarding the actions requested by the MPCA, or if you conclude that the
release is not from any tank which you have owned or operated, please call me at 651/297 -8594.
Otherwise, I: look forward to receiving your reply.
Sincerely,
Jessica Ebertz
Project Leader
Petroleum Remediation Unit
Remediation Division
JME:Is
cc:
Minnesota Pollution Control Agency
Sheila Wiegman, Dakota County Solid Waste Officer
David Jenkin, All -Phase Companies
Dow. s
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520 Lafayette Rd. N.; Saint Paul, MN 55155 -4194; (651) 296 -6300 (Voice); (651) 282 -5332 (TTY); www.pca.state.mn.us
St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar
Equal Opportunity Employer • Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers.