2750 Sibley Memorial Hwy - Storage Tank Release Corrective ActionNovember 7, 2007
Mr. Bassil Dyab
2030 Garland Lane
Plymouth, MN 55407
Dear Mr. Dyab:
Minnesota Pollution Control Agency
520 Lafayette Road North -1 St. Paul, MN 55155 -4194 1 651- 296 -6300 1 1- 800 - 657 -3864 651- 282 -5332
RE: Storage Tank Release Investigation and Corrective Action
Site: Former Cedar Grove Shell, 3830 Sibley Memorial Hwy., Eagan, Dakota County, 55122
Site ID #: LEAK 17056
)kw, t m
TTY 1 www.pca.state.mn.us
Notice of Release
The Minnesota Pollution Control Agency (MPCA) has been informed that a release has occurred or contamination
has been encountered from storage tanks and /or storage tank facilities that you own and/or operate. The MPCA
appreciates your timely notification so this site can be handled in an efficient manner.
Legal Obligations
Federal and state laws require that persons legally responsible for storage tank releases notify the MPCA of the
release and /or discovery of contamination, investigate and, if necessary, clean up the release(s) /contamination. A
person is considered legally responsible for a petroleum tank release if the person owned or operated the tank
either during or after the release, unless specifically exempted under the law. For releases of other substances, a
person is considered legally responsible if the substance discharged was under the control of the person at the time
of the discharge or release or if the person was an owner or operator of the storage tanks and /or tank facility at the
time the release occurred. If you believe that you are not legally responsible for this storage tank facility release,
please contact the project manager listed below.
Request to Take Corrective Action
The MPCA requests that you take steps to investigate and, if necessary, clean up the release(s) /contamination 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(s) /contamination. For petroleum release sites,
the MPCA has facts sheets that will help you or your consultant properly investigate the release and report the
results to the MPCA. Unless your site is considered "high priority" (see below), you must submit a report to this
office which details the results of the investigation or concludes that excavation was sufficient to clean up the
release within 10 months of the date of this letter. The MPCA reserves the right to reject proposed corrective
actions if the requirements of the site investigation have not been fulfilled. Refer to the following web site for
related guidance documents and information, http://www.pca.state.mn.us/programs/lust_p.html. For sites
contaminated by pollutants other than petroleum, the MPCA requests that you or your consultant contact the
MPCA project manager listed to discuss the investigation and reporting timeline that will be required for your site.
The MPCA considers sites with "free product" (free- floating petroleum), that have affected or that threaten to
affect drinking water supplies, sites where pollutants are being released to surface waters such as lakes or
wetlands, sites where petroleum or other vapors have been detected within structures or that pose fire or explosion
hazards, to be high priority for staff review. If one or more of these situations apply to your petroleum or non-
petroleum facility, a Remedial Investigation /Corrective Action Design report (refer to guidance documents) must
be submitted within 90 days. The MPCA reserves the right to reject proposed corrective actions if the
requirements of the site investigation have not been fulfilled. In addition, if you know or discover that there is free
product in a well, excavation, or borehole, you must notify the MPCA within 24 hours and IMMEDIATELY begin
interim free product recovery (refer to guidance documents). If you have any question with regard to whether your
site is "high priority" please contact the MPCA project manager listed below.
St. Paul 1 Brainerd 1 Detroit Lakes 1 Duluth 1 Mankato 1 Marshall 1 Rochester Willmar f Printed on 100% post- consumer recycled paper
Mr. Bassil Dyab
Page 2
Reimbursement for petroleum sites:
In 1987, the legislature established the Petroleum Tank Release Compensation Fund (Petrofund) to reimburse some
responsible persons and volunteers (property owners not responsible for releases) 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. If the release at your site is a petroleum release,
the MPCA encourages you to learn more about the Petrofund reimbursement program by contacting Petrofund staff
at. 651 /215 -1775 or 1/800- 638 -0418 (in greater Minnesota only), or by reviewing the information that is available at
the following website, http://www.pca.state.mn.us/programs/lust_p.html. Because there are rules governing eligible
costs of cleanup, the MPCA strongly encourages 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, not the MPCA.
If you have not already done so, the MPCA recommends that you hire a qualified environmental consulting firm to
help you investigate and clean up the contamination on your site. To be qualified, the consultant should have
experience in performing investigations of contaminated sites and in developing and implementing corrective
actions. For petroleum investigations, the consultant must be registered with the Petro Board if you wish to have
your costs considered for reimbursement. A list of registered contractors is available from the Petrofund staff.
Please note that, under the Petro Board's rules, (see Minn. R. ch. 2890), you must solicit a minimum of two written
competitive consultant proposals on a form prescribed by the Petro Board to incur costs eligible for reimbursement,
and a minimum of two written competitive contractor bids must also be obtained for each contractor service.
Again, the MPCA strongly encourages you to contact Petrofund staff for answers to all of your questions about
bidding and the other Petrofund reimbursement program requirements.
Required Response
The MPCA requires that you respond to this letter within 30 days to indicate whether you intend to proceed with
the requested work. If you do not respond within this time frame, the MPCA will assume that you do not intend to
comply, in which case the MPCA Commissioner may issue you an enforceable order that will require 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. ch. 2890. If you do not cooperate, the MPCA has the option of taking the
corrective actions on your behalf and recovering its costs from you.
If you have any questions concerning this letter or need additional information, please contact me at 651/297-8598.
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,
GWZ:Is
Enclosure
cc:
, ary Zarling
Project Leader
Petroleum and Closed Landfill Section
Remediation Division
Michael Scott, Fire Chief, City' of Eagan
Sheila Wiegman, Dakota County Solid Waste Officer
July 16, 2004
Mr. Ryan Gausper
Lost Spur Golf Course
2750 Sibley Memorial Highway
Eagan, MN 55121
RE: Storage Tank Release Investigation and Corrective Action
Site: Lost Spur Golf Course, 2750 Sibley Memorial Highway, Eagan, 55121, Dakota
Site ID#: LEAK00015768
Dear Mr. Gausper:
Minnesota Pollution Control Agency
r
Notice of Release
The Minnesota Pollution Control Agency (MPCA) has been informed that a release has occurred or contamination
has been encountered from storage tanks and/or storage tank facilities that you own and/or operate. The MPCA
appreciates your timely notification so this site can be handled in an efficient manner.
Legal Obligations
Federal and state laws require that persons legally responsible for storage tank releases notify the MPCA of the
release and/or discovery of contamination, investigate and, if necessary, clean up the release(s) /contamination. A
person is considered legally responsible for a petroleum tank release if the person owned or operated the tank
either during or after the release, unless specifically exempted under the law. For releases of other substances, a
person is considered legally responsible if the substance discharged was under the control of the person at the time
of the discharge or release or if the person was an owner or operator of the storage tanks and/or tank facility at the
time the release occurred. If you believe that you are not legally responsible for this storage tank facility release,
please contact the project manager listed below.
Request to Take Corrective Action
The MPCA requests that you take steps to investigate and, if necessary, clean up the release(s) /contamination 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(s) /contamination. For petroleum release sites,
the MPCA has facts sheets that will help you or your consultant properly investigate the release and report the
results to the MPCA. Unless your site is considered "high priority" (see below), you must submit a report to this
office which details the results of the investigation or concludes that excavation was sufficient to clean up the
release within 10 months of the date of this letter. The MPCA reserves the right to reject proposed corrective
actions if the requirements of the site investigation have not been fulfilled. Refer to the following web site for
related guidance documents and information, http://www.pca.state.mn.us/programs/lust_p.html. For sites
contaminated by pollutants other than petroleum, the MPCA requests that you or your consultant contact the
MPCA project manager listed to discuss the investigation and reporting timeline that will be required for your site.
The MPCA considers sites with "free product" (free - floating petroleum), that have affected or that threaten to
affect drinking water supplies, sites where pollutants are being released to surface waters such as lakes or
wetlands, sites where petroleum or other vapors have been detected within structures or that pose fire or explosion
hazards, to be high priority for staff review. If one or more of these situations apply to your petroleum or non-
petroleum facility, a Remedial Investigation/Corrective Action Design report (refer to guidance documents) must
be submitted within 90 days. The MPCA reserves the right to reject proposed corrective actions if the
requirements of the site investigation have not been fulfilled. In addition, if you know or discover that there is free
product in a well, excavation, or borehole, you must notify the MPCA within 24 hours and IMMEDIATELY begin
interim free product recovery (refer to guidance documents). If you have any question with regard to whether your
site is "high priority" please contact the MPCA project manager listed below.
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.
Mr. Gary Mackley
Page 2
Reimbursement for petroleum sites:
In 1987, the legislature established the Petroleum Tank Release Compensation Fund ( Petrofund) to reimburse some
responsible persons and volunteers (property owners not responsible for releases) 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. If the release at your site is a petroleum release,
the MPCA encourages you to learn more about the Petrofund reimbursement program by contacting Petrofund staff
at 651/215 -1775 or 1/800- 638 -0418 (in greater Minnesota only), or by reviewing the information that is available at
the following website, http://www.pca.state.mn.us/programs/lust_p.html. Because there are rules governing eligible
costs of cleanup, the MPCA strongly encourages 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, not the MPCA.
If you have not already done so, the MPCA recommends that you hire a qualified environmental consulting firm to
help you investigate and clean up the contamination on your site. To be qualified, the consultant should have
experience in performing investigations of contaminated sites and in developing and implementing corrective
actions. For petroleum investigations, the consultant must be registered with the Petro Board if you wish to have
your costs considered for reimbursement. A list of registered contractors is available from the Petrofund staff.
Please note that, under the Petro Board's rules, (see Minn. R. ch. 2890), you must solicit a minimum of two written
competitive consultant proposals on a form prescribed by the Petro Board to incur costs eligible for reimbursement,
and a minimum of two written competitive contractor bids must also be obtained for each contractor service.
Again, the MPCA strongly encourages you to contact Petrofund staff for answers to all of your questions about
bidding and the other Petrofund reimbursement program requirements.
Required Response
The MPCA requires that you respond to this letter within 30 days to indicate whether you intend to proceed with
the requested work. If you do not respond within this time frame, the MPCA will assume that you do not intend to
comply, in which case the MPCA Commissioner may issue you an enforceable order that will require 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. ch. 2890. If you do not cooperate, the MPCA has the option of taking the
corrective actions on your behalf and recovering its costs from you.
If you have any questions concerning this letter or need additional information, please contact me at 651/296 -7824.
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.
Sarah Henderson
Project Leader
Petroleum and Landfill Remediation Section
Majors and Remediation Division
SAH:ais
Enclosures
cc: Marla Petersen, City Clerk, Eagan
Craig Jensen, Fire Chief, Eagan
Sheila Wiegman, Dakota County Solid Waste Officer