HomeMy WebLinkAbout2006-06-16 MPCA Ltr to ApplicantI
June 16, 2006
Minnesota Pollution Control Agency
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Lowe's Home Centers, Inc.
c/o Mr. Michael Miller
Hw 268 East Dock
N. Wilkesboro, NC 28659
RE: Lowe's of Oak Park Hei
MPCA Project Number VP 21560
No Association Determination
Dear Mr. Miller:
This letter is in response to the re from C.V. Howard, III, American En
Testin Inc. ( AET ) for a determination under Minn. Stat. § I I 5B. 178 that certain actions
proposed to be taken b Lowe's Home Centers, Inc. at the Lowe's of Oak Park Hei site,
located southeast of the intersection of Novak Avenue and Hi 36, (former 13795 &
13797 60"' Street North) Oak Park Hei (the Site), will not constitute conduct associatin
Lowe's Home Centers, Inc. with the release or threatened release of hazardous substances,
pollutants, or contaminants at the Site for the purpose, of Minn. Stat § I I 5B. 03, subd. 3 (4)
(2004).
The Minnesota Pollution Control A (MPCA staff in the Voluntar Investi and
Cleanup (VIC) Unit lias reviewed the documents submitted for the Site. The Site was
historicall used as farmland until approximatel 1968. The Site was subse used as an
automobile salva y ard until 2001. The reports submitted for the Site indicate man reco
co-."L14cC..MrS irvelutc/d , LG t h fo r 0- -a It -V ag e, y ar d o p e i - Ions aL Lne L)ite. inese inciucte,
but are not limited to, stained soil areas, car crushin area, septic s drum stora area,,
under stora tanks, and buried and visible debris piles, includin tires.
Limited investi at the Site included installation often test pits to evaluate the debris and fill
material at the former automobile salva y ard. Thirteen push probe borin were also taken at
the Site. Tetrachloroethene (PCE) and Tn*chloroethene (TCE) were detected in the soil sample
taken from GP-7. Various pol h (PAHs were found in several samples
taken from the borin and from some test pit samples. Asbestos containin material was
discovered in the areas of the Site where asphalt shin were observed. Samples were also
collected and anal for the ei RCRA metals. The detections of metals in the soil samples
520 Lafa Rd, N.; Saint Paul, MN 55155-4194 ( 651 ) 296-6300 (Voice) (651) 282-5332 (TTY); www.pca-state.mn.us
't. Paul * Brainerd * Detroit Lakes * Duluth 9 Mankato & Marshall 9 Rochester* Willmar
E q ual Opportunit Emplo -, Printed on rec paper containin at least 20 percent fibers from paper rec b consumers.
Lowe's Hone Centers, Inc.
Page 3
June 16, 2006
Pursuant to Minn. Stat. § I I5B.178, subd.1, when Lowe's Home Centers, Inc. takes the Proposed
Actions in accordance with the determinations in this letter, subject to the conditions stated
herein, the Proposed Actions will not associate Lowe's Horne Centers, Inc. with the Identified
Release for the purpose of Minn. Stat. § 115B.03, subd. 3 4 ) (2004).
Please be advised that the determination made in this letter is subject to the disclaimers found in
Attachment A. If you have any questions about the contents of this letter, please contact Wayne
F . Sarappo, at (6.# 1} 296-7297 or David Scheer, at (651) 296.6530.
Sincerely,
Barbara Jac n
Supervisor
Voluntary Investigation and Cleanup Unit
Rem.ediation Division
B Jlai s
Enclosure
P 4 0 ��
r r- IA-r-
cc: Eric Johnson, City Clerk, oak Park Heights
Cliei Erler, Wasliingtoii County
Trey HoN� /ard, American. Engineering Testing, St. Paul
ATTACHMENT A
STANDARD DIS CLALVIERS
Lowe's of oak Park Heights
MPCA Project Number VP21560
1. Reservation of Authorities
The 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 his authority if the MPCA
Commissioner or staff acquires information after issuance of this letter that provides a basis for
sucli iiiodlfica ion or actioll.
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. § 115B.17,
subd. 12.
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