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October28.2010
Mr. Nick Eoloff
Minneapolis Park and RecreationBoard
2l l7 West River Road
Minneapolis,Minnesota 55411
RE:
SchererBros - MinneapolisSite
Parcelsbetween8thAvenue NE & l0 Avenue NE and
SibleyStreet& the MississippiRiver,Minneapolis
MPCA ProjectNumber VP26370
ResponseAction Plan Approval
Dear Mr. Eoloff:
The MPCA staff in the Voluntary Investigationand CleanupUnit (VIC Program)has reviewedPeer
Engineering's"Additional Investigationand ResponseAction Plan, Former SchererBros. Lumber,
Minneapolis" (ResponseAction Plan),datedOctober6, 2010. The ResponseAction Plan, submittedfor the
portion of the SchererBros - Minneapolis Site (Site) west of vacatedWater Street,describesthe response
action tasksto addressburied debrisand contaminatedsoil that were usedfor fill either prior to or at the
time of the developmentof the Site as a lumberyard.The proposedfuture land usefor the west portion of
the Site is park land.
Environmentalinvestigation
of the Site from 2009 to 2010 includedsoil boringsand analyical testingof
soil samples.The investigationdetenninedthe generalextentand magnitudeof burieddebrisand soil
containingpolynucleararomatichydrocarbons(PAHs), lead,arsenic,and mercury at concentrationsabove
properlies.Somesoil samplesalsoexceededthe MPCA
the MPCA Soil ReferenceValuesfor recreational
Soil LeachirrgValues (SLVs). However, given the natureof the analyticalmethodsand distributionof the
soils exceedingthe SLVs, the SRVs for recreationalpropertiesare a more reasonablemeasureof the
potential healthrisks at the west portion of the Site.
The ResponseAction Plantasksincludethe following:
o
o
o
o
.
o
Limited soil analyticaltestingto further refine the extentof known areasof soil contaminationand
characterizehighly impactedsoil for landfill disposal;
Demolition, removal,recycling and disposalof two existing sheds,pavementand granularsub-base
to accesscontaminatedsoil and debris;
Excavation,monitoring,screening,testing,transportationand disposalof soil contaminatedwith
PAHs, lead,arsenicand mercury at concentrationsabovethe SRVs for recreationalproperties;
Excavation,screening,transportation,recycling and landfill disposalof buried debrissuchas wood
and concretewastes;
Monitoring, screening,testingand reuseof soil as fill that meetsthe MPCA criteria for unregulated
fill;
Contingencymeasuresin the eventthat unexpectedburied debris andlorcontaminatedsoil or debris
is encounteredduring the responseactionsand redevelopmentof the westernportion of the Site;
S t . P a u l ] B r a i n e r d lDe tr o itL a ke s ]Du lu th lM a n ka to l Marshal l l R ochester l Wi l l mar l P ri ntedonl 00o/opost-consumerrecyc l edpaper
Mr. Nick Eoloff
Page2
October28,2010
o
.
Regrading,riverbankstabilization,stormwatermanagement,and placementof a six inch cover of
topsoil on the westernportion of the Site to reducethe potentialfor erosionduring high rainfall or
snowmeltevents;and
Submittalof a ResponseAction Plan ImplementationReportto the MPCA for review and approval.
The MPCA herebyapprovesthe ResponseAction Plan taskspursuantto Minn. Stat. $ I 158.17,with
the following two modifications:
o
Areas that are not pavedshall be vegetatedor coveredwith erosionresistantmaterialssuchas
gravel to further reducethe risk of erosionto the MississippiRiver; and
.
If any soil remainswith contaminationat concentrationsabovethe MPCA SRVs for
residentialpropertiesand/orany buried debrisremainsat the Site,the MinneapolisPark
Board shall record,at its own expense,in the office of the County Recorderor Registrarof
Titles, whicheveris appropriate,in and for HennepinCounty, an affidavit describingthe
contaminationand/orburieddebrisremainingat the Site in the form attachedas Attachment
B. A copy of the proposedaffidavit languageshall be submittedto the MPCA staff for review
and approvalwith the ResponseAction Plan ImplementationReportand the Minneapolis
Park Board shall recordthe affidavit within thirty (30) calendardays after receiptof MPCA
approval.The MinneapolisPark Board shall submit a copy of the affidavit as recordedto the
MPCA within thirty (30) days after the affidavit is offrcially recorded.
Standarddisclaimersare includedin AttachmentA. Pleasefeel free to contactme if vou have any
questionsor concernsat 651-157-2399.
Sincerelv.
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Lynne J. Grigor
Project Manager
VIC and EmergencyResponseSection
RemediationDivision
LJG/jmp
Attachments
cc: Bob Rykken, PeerEngineering
Judd Rietkerk,MinneapolisPark and RecreationBoard
ThomasFrame,City of Minneapolis
David Jaeger,HennepinCounty EnvironmentalServices
ATTACHMENT A
DISCLAIMERS
SchererBros- MinneapolisSite
MPCA ProjectNumberVP26370
1. Reservationof Authorities
The MPCA Commissionerreservesthe authority to take any appropriateactions with respect
to any release,threatenedrelease,or other conditions at the Site. The MPCA Commissioner
also reservesthe authority to take such actions if the voluntary party doesnot proceedin the
manner describedin this letter or if actions taken or omitted by the voluntary party with
respectto the Site contribute to any releaseor threatenedrelease,or createan imminent and
substantialdangerto public health and welfare.
2. No MPCA Assumptionof Liability
The MPCA, its Commissionerand staff do not assumeany liability for any release,
threatenedreleaseor other conditions at the Site or for any actions taken or omitted by the
voluntary party with regardto the release,threatenedrelease,or other conditionsat the Site,
whether the actions taken or omitted are in accordancewith this letter or otherwise.
3. Letter Basedon Current Information
All statements,conclusionsand representations
in this letter are basedupon information
known to the MPCA Commissionerand staff at the time this letter was issued. The MPCA
Commissionerand staff reservethe authorityto modify or rescindany such statement,
conclusionor representationand to take any appropriateaction under his authority if the
MPCA Commissioneror staff acquiresinformation after issuanceof this letter that provides
a basisfor suchmodification or action.
4. DisclaimerRegardingUse or Developmentof the Property
The MPCA, its Commissionerand staff do not warrantthat the Site is suitableor appropriate
for any particular use.
5. DisclaimerRegardingInvestigativeor ResponseAction at the Property
Nothing in this letter is intended to authorize any responseaction under Minn. Stat.
,
12.
$ 1 1 5 8 .17subd.
PageI ofl
ATTACHMENT
B
MPCA MODEL
AFFIDAVIT CONCERNING REAL PROPERTY
December
2008)
CONTAMINATED WITH HAZARDOUS SUBSTANCBS (Revised
STATE OF MINNESOTA
coLrNTY OF [COUNTYI
1
) ss.
)
[Name of affiantl, the [title] of [Name of company], being duly sworn, statesthe following
under oath:
I . This Affidavit is madepursuantto Minn. Stat. $ I l58.l6, subd.2 (2008),which requires
that before any transfer of ownership of any property which the owner knows is subject to extensive
contaminationby releaseof ahazardoussubstance,the owner shall recordwith the county recorderof
the county in which the property is locatedan affidavit containinga legal descriptionof the property
and disclosing to any potential transferees: a) that the property has been used to disposeof hazardous
waste or that the propertyis contaminatedby a releaseof a hazardoussubstance(s);
b) the identity,
quantity, location,conditionand circumstancesof the disposalor contaminationto the full extent
known or reasonablyascertainable;and c) that, if the property was used as a permitted hazardous
waste disposalfacility, the use of the propertyor someportion of it may be restrictedas providedin
Minn. Stat.$ 1158.16,subd.I (2008).
2. [Name(s)] is the owner of certainreal property("Property") locatedat [street address,if
availablel in [County] County, Stateof Minnesota,and legally describedas follows:
IInsert legal description of propertyl
3. [Describe the use of the property that resulted in the contamination and recite any
relevant subsequenthistory of the property, such as how the owner came to own the property.l
4. [Recite the facts about the involvement of the Minnesota Pollution Control Agency
("MPCA') with the property, such as through the Superfund program or the Voluntary
Investigationand Cleanup program.]
5. [Recite the facts about any site investigation and cleanup activities that occurred with
respect to the property, including a description of the basis for the residual contamination
levels.l
6. [State the legal description of the area where contamination remains, including a
precise description of the identity, quantity, location and condition of the residual
contamination remaining on the property (and off the property if appropriate) and may include
a registered or recorded survey of the area of contamination.l
7. [If the responseaction at the property included ongoing operation and maintenance
structures or equipment,such as monitoring wells, recite the facts about the identity, location,
and circumstancesof thosestructuresor equipment.l
8. [Recite any other relevant history of the property, if any, such as whether a
certificate of completion was issued.l
9. Any personwho is planningany use or activity which may adverselyaffect the
protectivenessof the responseaction or which has the potential to disturb the areasof contamination
[or responseaction structuresand equipment describedabove] should contact the Minnesota Pollution
Control Agency prior to commencementof the plannedactivities.
10. [Add only if applicable under the circumstances:] The responseactionsat the
propertywere approvedby the MPCA basedon the assumptionthat the propertywas to be usedfor
[type ofproperty use]. Ifthe propertyuse is changed,the changecould associatethe propertyowner
with the releaseor threatenedreleaseof hazardoussubstances[or pollutants or contaminantsl and
could result in a requirementfor performanceof further responseactionsat the properly.
IowNER]
By
<Name>
ACKNOWLEDGMENT
STATEOF MINNESOTA
COUNTYOF
day of
beforeme a notary public within
On this
, _,
and
and for said County and State,personallyappeared
to me personallyknown, who, beingduly sworn by me on oath, did
say that he/she/theyis/arethe person(s)who signedthe foregoinginstrumentand acknowledgedthat
he/she/theysignedthe sameas free act and deedfor the usesand purposesthereinset forth.
Notarv Public.
County, MN
expires
My commission
THIS INSTRUMENT WAS DRAFTED BY:
[add name and address
of the individual who
drafted this documentl
a
-L-