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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 v- Qtr 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 ag 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 1 baliz 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.