Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Imp. Proj. #697
For the full report on City Council agenda packets and/or 0 M M Planning Commission agenda packets. PROJECT NO. 697 5550 Winnetka Ave N. - Petro Clean -up lies. u4 -1iy iu %/o /u4 Kesolution authorizing application for a contamination cleanup grant application from the Minnesota Department of Employment and Economic Development (improvement project no. 665) Item 6.10 11/8/04 Motion approving final payment to Belair Excavating in the amount of $498,040.69 for excavation and sanitary sewer services at 5550 Winnetka Avenue and 7809 Bass Lake Road (improvement project no. 697) Res. 06 -62 4/10/06 Resolution calling for a closed meeting of the New Hope City Council authorized by Minn. Stat. §13D.05 to discuss litigation /settlement strategy on city's reimbursement claim against Unocal for soil contamination clean up at 5550 Winnetka Avenue North (improvement project no. 697) Res. 06 -144 09/25/06 Resolution calling for a closed meeting of the New Hope City Council authorized by Minn. Stat. §13D.05 to discuss litigation /settlement strategy on city's reimbursement claim against Unocal /Chevron for soil contamination clean up at 5550 Winnetka Avenue North (improvement project no. 697) Res. 06 -164 11/13/06 Resolution calling for a closed meeting of the New Hope City Council authorized by Minn. Stat. §1.3D.05 to discuss litigation /settlement strategy on city's reimbursement claim against Unocal /Chevron for soil contamination clean up at 5550 Winnetka Avenue North (improvement project no. 697) Res. 06 -166 11/27/06 Resolution calling for a closed meeting of the New Hope City Council authorized by Minn. Stat. §13D.05 to discuss litigation /settlement strategy on city's reimbursement claim against Unocal /Chevron for soil contamination clean up at 5550 Winnetka Avenue North (improvement project no. 697) Res. 07 -31 2/12/07 Resolution calling for a closed meeting of the New Hope City Council authorized by Minn. Stat. §13D.05 to discuss litigation /settlement strategy on city's reimbursement claim against Unocal /Chevron for soil contamination clean up at 5550 Winnetka Avenue North (improvement project no. 697) Res. 07 -64 4/23/07 Resolution calling for a closed meeting of the New Hope City Council authorized by Minn. Stat. §13D.05 to discuss litigation /settlement strategy on city's reimbursement claim against Unocal /Chevron for soil contamination clean up at 5550 Winnetka Avenue North (improvement project no. 697) EDA Item 5 5/14/07 Motion authorizing expenditure of $15,000 for legal fees related to a cost recovery claim against Unocal /Chevron (improvement project no. 697) Res. 07 -92 6/11/07 Resolution calling for a closed meeting of the New Hope City Council authorized by Minn. Stat. §13D.05 to discuss litigation /settlement strategy on city's reimbursement claim against Unocal /Chevron for soil contamination clean up at 5550 Winnetka Avenue North (improvement project no. 697) Res. 07 -162 10/22/07 Resolution approving the settlement agreement with Chevron /Unocal Corporation for reimbursement of soil contamination clean up expenses at 5550 Winnetka and authorizing the city manager and mayor to sign (improvement project no. 697) (received check for $270,000 on 11/20/07) EDA Item 4 11/26/07 Motion authorizing payment of $24,415.83 to Moss & Barnett for legal fees related to a cost recovery claim against Unocal /Chevron (improvement project no. 697) Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155 Telephone (612) 296-6300 0 P MINNESOTA1990 June 18, 1990 Mr. J.E. Purtell Unocal Corporation 1650 East Gulf Road Schaumburg, Illinois Dear Mr. Purtell: RE: Petroleum Tank Release Site Closure Site: Bosa Donuts, 5550 Winnetka Avenue, New Hope Site ID#: LEAK00000538 The Minnesota Pollution Control Agency (MPCA) staff has determined that the cleanup performed in response to the petroleum tank release at the site referenced above has adequately addressed the petroleum contamination, and therefore the file regarding this release will be closed. On April 28, 1988, a petroleum tank release was reported to the MPCA. Since then, Unocal Corporation has taken the following corrective action in response to the release: 1. Fourteen soil borings were advanced to 11 to 71 feet below grade; retrieved soils were monitored with an HNu. 2. Samples were collected at zones of highest contamination and analyzed for benzene, toluene, ethyl benzene, xylenes, total hydrocarbons as gasoline and methyl tertiary butyl ether. These compounds were detected at relatively low levels. 3. A ground penetrating radar survey was conducted at the site to determine if the petroleum tanks that were the original source of the release had been removed. The results of the survey suggest that the tanks and lines had been removed. The degree of contamination at the site appears to be minor, and geologic conditions at the site will act to retard migration of the petroleum-related contaminants. Ground water, which was encountered at 62.5 feet below grade, is sufficiently deep to be at little or no risk of contamination. Based on the currently available information, we believe these actions have adequately addressed the petroleum tank release. Therefore, MPCA staff does not intend to require any more investigation or cleanup work in response to this release. However, the MPCA reserves the right to reopen this file and require additional work if in the future more work is determined to be necessary, and this letter does not release any party from liability for this contamination. Regional Offices: Duluth ® Brainerd - Detroit Lakes - Marshall - Rochester Equal Opportunity Employer Printed on Recycled Paper Mr. J.E. Purtell Page 2 June 18, 1990 Because you performed the requested work, the state may reimburse you for a major portion of your costs. The Petroleum Tank Release Cleanup Act establishes a fund which in certain circumstances provides partial reimbursement for petroleum tank release cleanup costs. This fund is administered by the Petroleum Tank Release Compensation Board (Petro Board). More specific eligibility rules are available from the Petro Board (612/297-4017). Thank you for your cooperation with the MPCA in responding to this petroleum tank release to protect the public health and the environment of the state of Minnesota. If you have any questions regarding this correspondence, please call me at 612/643-3431. Sincerely, i Ro L ivermore Project Leader Tanks and Spills Section Hazardous Waste Division RL: kra cc: Robert DeGroot, STS Consultants, Ltd., Minneapolis Carol E. Carlson, City Administrator, New Hope Douglas Smith, Fire Chief, New Hope Greg Lie, Hennepin County Solid Waste Officer OlDglst Review Submittal unit # Priority Code: Site Name: -717 �J4J/ leak W: L5 Date MPCA Received: Project Lead: Hydrologist- 0 15 114 Date Hydro Received: 0 Date Hydro Reviewed: I IMMEDIATE PRIORITY Emergency Other Due Date Letters Deadline for Meeting — R.P. Requests (w/deadtine) Priority System (check one) 11 MEDIUM PRIORITY III GENERAL PRIORITY Legislative Inquiry RI Work Plan State Contractors R.P. Requests Status Report I Report — Corrective Action Design / Proposal Other Actual or Potential Drinking Tim Estimate Water Impacts 0" Hour < Pay D > Day D Major Other J/VD 17 MW J SITE CLOSURE DETERMINATION SITE: Bosa Doughnuts LOCATION: 5550 Winnetka Avenue, New Hope LEAK NO.: 00000538 REPORT TITLE: Site Exploration Report REPORT DATE: July 31, 1989 REVIEW DATE: April 19, 1990 CONSULTANT: STS Consultants, Ltd. (Project 94779-XA) Project Leader: Robyn HYDROLOGIST: Ginny Yingling Livermore I/ � �.�W On April 28, 1988, the MPCA was notified that contaminated soils had been encountered in soil borings advanced as part of a pre-purchase assessment. The site was originally a service station that was in operation between 1959 and 1975, after which it was a Denny's (1975 to 1985) before it was sold to Bosa Doughnuts. It was thought that the tanks had been removed in 1975. Surface water in the area includes Meadow Lake about 0.5 mile northwest and Bass Creek about 1 mile west-northwest. The drainage at the site is primarily to the north and west, and over 90 percent of the site is covered by asphalt and a building. During the initial assessment, nine soil borings were advanced to 11 to 16 ft. below grade, encountering 0.5 ft. of asphalt overlying 10.5 to at least 16 ft. of sandy clay with a 3.5 ft. thick lense of sand in B-8. Monitoring of the retrieved soils with an hNu detected organic vapors mainly at 5 to 10 ft. (110 to 300 ppm), although a measurement of 190 ppm was detected in B-8 at 0 to 5 ft. No organic vapors were detected in borings B-1, B-2 and B-5. In the second phase of the investigation, five additional soil borings were advanced between 16.5 and 71 ft. below grade. These borings encountered 0.5 ft. of asphalt and subbase overlying 0 to 2.5 ft. of discontinuous silty sand, in turn overlain by 16.5 to 46 ft. of sandy clay overlying at least 23 ft. of fine to medium sand. Groundwater was encountered at 62.5 ft.; no odor or sheen was detected in the sample. HNu' measurements detected organic vapors in the soils from borings Bl and B3 at 0 to 15 ft. below grade (5 to 220 ppm) and in Bl at 23 ft. below grade (20 ppm). Samples collected at the zones of highest contamination were analyzed for benzene, toluene, ethyl benzene and xylenes (BETX), total hydrocarbons as gasoline (THgas) and MTBE. These compounds were detected at relatively low levels: B = ND - 0.53 ppm, T = ND - 3.4 ppm, E = ND - 2.3 ppm, X = ND - 4.8 ppm, THgas = 2 44 ppm, MTBE = ND. N A ground penetrating radar survey was conducted at the site to determine if the petroleum tanks had been removed. No significant anomolies were detected, suggesting that the tanks and lines were removed, as had been rumored, in 19750 CONSULTANT CONCLUSIONS: 1. Petroleum contaminated soils were encountered in 6 of the 14 soil borings at the site® However, the degree of contamination was relatively low. 2® Groundwater beneath the site apparently was not impacted by the release® 3® The most probable source of the contamination was the former tanks and lines, which appear to have been removed® 4. The thick clay soils beneath the site appear to have restricted the vertical and lateral migration of the contamination at the site. Organic vapors were detected in only the upper 25 ft. of the soils, while the clays extend to * at least 50 ft® below grade® This provides a low permeability layer above the water table which will act to retard migration of the contaminants® 5. The site has a low rate of infiltration because most of the site is covered by asphalt and/or buildings. CONSULTANT RECOMMENDATIONS: No further action is required at the site because the source of contamination has been removed, the potential for contaminant migration is low, there is little or no risk to the groundwater and the concentrations at the site are relatively low. MPCA COMMENTS: f)0- I Iq -90 c"o-N/Ij o-4 ct — 0J ,-Sojv-lrJ m +7 OU A N o 1 +7 OU A �-B , -), ( q St ccJa C"P ,,-- 0 w 0 �- . ......... -4 q aa Lo 4-) c Ir tyj A March 20, 1991 11 Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155-3898 Telephone (612) 296-6300 I r A '__ �f C A � p MINNESOTA 1990 The Honorable William P. Luther The Honorable Linda Scheid Minnesota State Senator Minnesota State Representative 205 Capitol 583 State office Building St. Paul, Minnesota 55155 St. Paul, Minnesota 1! 55155 Dear Senator Luther and Representative Scheid: RE: Bosa Donuts/Former Unocal Service Station, New Hope LEAK00000538 CWW: kra mnm niihith -RrqinPrd - DptroitLakps - Marshall - Rochester ��1NES<?T 1 - -- Trade & D Business & Community Development October 16, 2000 Kirk McDonald City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 -4843 RE: Electronic Industries Site CCGP -00- 0013- Z -FY00 Dear Mr. McDonald: Congratulations on your recent Contamination Investigation grant award. You should soon receive a copy of the executed Grant Agreement. Below is a list of items you will need to effectively manage the grant. I • Payment request form. Each time you request DTED grant funds, you must fill out this form. The form must be filled out so that the activities correspond to the budget in the Grant Agreement. Copies of supporting invoices should accompany this form. If you submit an invoice for cost reimbursement from DTED, you may not use the same invoice for cost reimbursement from (an) other funding source(s). A copy of this form, along with instructions is enclosed. • Annual report form. An annual report indicating the status of the project must be submitted to DTED. The report section of your Grant Agreement will indicate when these reports are due. A copy of this report form, along with instructions is enclosed. • Audit. DTED will need a copy of the grantee's annual audit for each year that a revenue or expenditure is made for this grant. This requirement is outlined in the audit section of your Grant Agreement. Minnesota Department of Trztde and Economic Developnient 500 Metro Square E 121 7th Place Fast. ® St,, Paill, I Ninesota 55101.-2146 E USA a; www.dted.state.mn.us 651 -297-1291 0 800.-657-3858 E FAX 1 29' ,, 5287 0 TrY /'t DD 806 -627 -3529 Kirk McDonald October 16, 2000 Page 2 Business Subsidy Law. Minnesota Statutes 116J.993- 116J.995 (Minnesota Business Subsidy Law) applies to this project. As defined in statute, it is your responsibility to determine the statutory applicability of this project and comply with the provisions therein. If you have any questions regarding the Business Subsidy Law you may contact Bob Isaacson of DTED at 651- 297 -3615. The above list involves items that, at a minimum, must be furnished to DTED. There are other laws that could also apply to your project. Although DTED does not monitor every applicable state or federal law that could relate to the project, you should refer to and comply with all provisions in the DTED Grant Agreement. It is important that you keep DTED abreast of the progress of your project. For example, when you commence the project work, keep us informed as your costs increase /decrease so we can adjust your project budgets appropriately. If you will not complete your project within the term of the grant, we must be notified as well to grant an extension. With close communication, we can ensure the successful completion of your grant! If you have any questions, please contact me at 651- 296 -1149. Sincerely, & " Y Kristin Lukes Brownfields & Community Assistance Enclosures Contamination Investigation Grant Program Cumulative Progress Report ❑ Annual Report Due: July 25 ❑ Final Report Section One: General Information 1. Grant Number 2. Grantee Name 3. Grant Term 4. Project Title 5 A Period covered from Grant Award through Amount of DTED funds received through the end of the period d, 7. Name and title of person completing this report 8. Phone number of person completing this report 9. Signature of person completing this report. (This signature certifies that the information contained in this report is true and correct.) U A N 0 a a U b W 0 3 H 0 0 .,l U tU v E O U d+ m v v - v X a ,- D (1) rl � � N 0 O b v U of , O N F 4 v .H N � 13 tD v Q4 x W r-1 v 4J 4 -) a) U � • ;� r N v O' ,-r a r cl v O W' V) � 04 U O • 'ID4 ! E4 � F O : ' E-a v E O U d+ m Section Three: General Information 15. Has /will all contracted work that will/have receive(d) state dollars followed) the state procurement process? Explain 16. When is Investigation of the site expected to be completed? 17. Has the Response Action Plan been submitted to MPCA? Is it approved? 18. Is cleanup required? 19. If applicable, do you plan to seek cleanup funds from DTED for the cleanup? Anticipated application date. 20. What date is redevelopment of the site expected to begin? 21. When is the redevelopment of the site expected to be completed? 22. Have there been any changes in the scope of the redevelopment (increase /decrease in job creation, tax base generation due to redevelopment, change from the original site development plan, etc.) from what was approved in the application or latest Grant Adjustment Notice (GAN)? Please specify. 23. Are there any other comments, problems or changes from the application that you would like to report on? Please explain. 3 Contamination Cleanup/Investigation Grant Program Progress Report Instructions Section One: General Information Item 1: Enter the grant number found on page 1 of the grant agreement (this number begins with "CCGP ") Item 2: Enter the grantee name. Item 3: Enter the month, day and year of the beginning and ending of the grant period as found in the grant agreement "Term" clause. If this time period has been revised, enter the dates set forth in the grant adjustment notice. Item 4: Enter the project title (site name). Item 5: Enter the month, day and year through which you are reporting on. Item 6: Enter the total amount of CCGP funds received from this agency from the beginning of the grant through the date indicated on Item 5. Item 7: Enter name and title of person completing report. Item 8: Enter the phone number of the person indicated in Item 7. Item 9: Enter the signature of the person indicated in Item 7. Section Two: Financial Report by Activity Item 10: Enter the approved activities which are specified in the Special Conditions section of the grant agreement. Or if these Activities have been amended, enter the most recently approved Activity. Item 11: Enter the approved budget for the respective activities which are specified in the Special Conditions section of the grant agreement. Or if these costs have been amended, enter the most recently approved costs. Item 12: Enter the percentage of the activity listed in Item 10 that is completed as of the date of this report. Item 13: Enter the amount of actual expenditures per funding source (costs incurred and bills paid as of the end of the report period for each activity). Item 14: Enter any comments on the progress of the project activity. Completing Item 14 is optional. 0 Section Three: General Information Item 15: Indicate whether the state procurement process has been complied with in the awarding of subcontracts for project activities which use State funds. Briefly explain how you complied. Item 16: State when entire investigation of the site is expected to be completed. Item 17: State when the RAP was submitted to MPCA and indicate approval status. Item 18: Indicate if cleanup of the site is required. Item 19: State if you plan to seek Contamination Cleanup funds from DTED. Indicate the anticipated application date. Item 20: State when the redevelopment of the site is expected to begin. Item 21: State when the redevelopment is expected to be completed. Item 22: Please state any changes in the scope of the redevelopment. This includes, but is not limited to: job creation numbers, tax base increase projections, etc. Please note that Item 19 should only include REDEVELOPMENT information. Pursuant to your grant agreement, any material changes in the scope of the cleanup, it's budget or completion date must be approved in writing by the grantor (through a grant adjustment notice). Item 23: Optional: Discuss any changes in the overall project that differ from the information provided in your application or most recently approved grant adjustment notice. U:\ USERS \BCD \CONCLEAN\Contamination Cleanup \Cleanup Progress Report\ ProgressReportForminvestigation.wpd 11 0 L. CL E *5 E U- 2 $ C cr 4) ce 0 CL E r m 0 .0 cc c E 0 0 m E E m z g > m — a 0 a c r. _z (D z o- uj C, w c Z a. E E (D o CL 6 m 3: z E (D E a IM 04 < 0 0 w AS CD t O 12 0 E 2 o LU C 7 E 0 6 40 4) 0 CD / f � = m ID 0 0 0 E < 0 z U- lm] E 0 > M tm cc a- CD 0 0 Z; (D W , C4 0 1 o r- 0 - w } ® 17 } Z (L E 0 Ul C -lob CL } k z LL = 0 U) 0 0 0 (§ E > 0 U. CD E G 0 z < c E >1 2 m 2 a Lu CL v; v a) O a C w c O C6 . c 'ca c C m a) U c 0 . c E m c O U L T c O N 0 E _N L H c m m m C 'X a) tL m m a c O m C . (D 0 a N m 0 O T a C O w F- O 0 c 0 O E m a) a) a 0 O L N x 0 a a N c a a) C 0 O E Q m L N m c O 0 E a) t6 3 a c 0 C O 0 x a) O co a) N m .r- CL a) C N E a) 2 m m c m m a) 0 c O a) cn N c 0 a c U 0 N CL a) w c N m a O d V N 'o a a) N m a w `m m w U m a) N 0 m N U m a O CL Q N N :j m a CD O a a m m O 0 m C c 0 a N T U m O U a (U O a Q ai A? U m a 0 CL a m m c a C O a m m O U (D w O a as . C. m a c m w m a O 0 O a 3 m a `m O a O W O 0 C O E m N a) is U c a m O L c E v m 0 a m IL O W H O a) L H a O a a m m c 0 a a D a C a) CL N a c w U O 0 C 0 0 E m CD U c c a 0 O L c E U m 0 m a. U J 0 L H N f0 O a n. m U O J N m O a CL O W U m a } 0 a m m a C CL c w 0 c O 0 E m m 0 m N m c a) c E U w m O a CL O F C E 0 0 m O O m Q. N -C a C m 0 U a 0 CL a Q N c m L a) a N a m E 0 0 U C m m () L H L U m Q C E O O U 3 m O N L H m 0 a) L O 0 c m t N 0 E O C m c Q' a) a 0 O L N L U m a W N CL co a) w ` O — 0 - 0 r- 0 - 'n N ( L U C > O a) a O N ti a) w y �- U a m c 'o W a CL O m L o c 3 02 U 'A C m� 6) U �? a v � 3 m E 0 O DLO -. O V) a L a N Q N a) N U o C c O N a) U O C L U m 0 c E O 0 3 m N L H m 0 H a) L 0 N O E `o 0 'n N ca 7 O' m _a O L N N L T .j U m U V_ U 0) a N m L m O N O � N c O U U T N C w O N E T O U m 0"a c > � o 0 C . E a m m 0 v oL m 3 a) d r m w m U C c . m E " O c U m 3 m Q o O_ � 0 L O " J C a) O .c a a c N c E U 3 m L H U O J a) w a c m N O W O w 0 E O N a) c E 2 0 3 m L F 0 F m 0 O m a O W H O m Z c c E U O L U J CD a C m m O m w O E N a7 w N D 0 m CL U 0 J 3 m Z a1 c E U m O L H f0 H a) w a c m U c m is m m w c a) m a V c N a a) U C m m m Z co v r o 3 m 'O C U m -C C O c E O O U U C m f0 m 3 N Z a) .0 a m a) c ar C 0 O E m a) O m O' ro N C E U U m m a d c m c 0 0 E m a) w 0 m 0 Q' m a X c c d L fu 0 cn N U c CD 0 0 a CL 0 N L �3 m C 0 is m N O o N a c a c m a m Ll E O 0 m L c m E a O a) m v E O c O 0 w 'o c m m a NT w° 0 O 0 c 10 Z d O = E d n O o m � m CL �HrN m c N N d E E O U V c m N a d C 0 m O C Q j--? le- 3620 Edward St. NE St. Anthony, MN 55418 Phonetfax (612) 789 -6136 Email: dbergstrom@uswest.net DIVERSMED ENVIRONMENTAL, INC. October 17, 2000 (P 1004) Mr. Phil Kern City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 RE: Proposal for assisting City with contamination investigation, 5500 Winnetka Avenue, New Hope, Minnesota Dear Mr. Kern: Diversified Environmental, Inc. is grateful for the opportunity to be of service to the City of New Hope in assisting the City with its contamination investigation at the former Bosa Donuts property. A summary of the project objectives, tasks we will perform, schedule, and estimated costs are listed below: PROJECT OBJECTIVES The City of New Hope has recently purchased the property and during demolition, petroleum contamination was noted and reported to the Minnesota Pollution Control Agency (MPCA). The goal of the City is to facilitate commercial redevelopment of the property. In order to achieve this, the City must obtain a "no further action" letter from the MPCA, as well as direct a contamination cleanup that is appropriate to the future land use. Diversified Environmental will provide general oversight and advice to assist the City in this effort. SCOPE OF SERVICES As far as can be now seen, our work will involve the following tasks: - Perform MPCA file review and evaluate previous cleanup work done at the site; - Verify appropriate scope of investigative work with MPCA Project Manager; -Meet with City to discuss potential future plans for the site; - Prepare bid specs for distribution to selected Petrofund- registered consultants; - Distribute bid specs to selected consultants and answer their questions; - Receive bids and prepare bid tabulations for City with recommendations; -Once selected by the City, generally oversee consultant schedule and on -site work; - Review submitted work products and invoicing prepared by consultant; - Evaluate and recommend site cleanup actions consistent with City goals; and - Generally advise City on Petrofund and contamination cleanup issues. All work will be done in regular consultation with City staff. P1004.doc Page 1 of 2 PROJECT SCHEDULE Once authorized, we will begin immediately. In general, we anticipate completion of the bid specs and mailing by the end of October, receipt of bids and award by mid - November, and completion of field work before Christmas. If no supplemental investigation is needed, we anticipate the investigation report to be completed by the end of January, and MPCA approval of corrective actions by Spring, 2001. This schedule will allow for the corrective action to be implemented early in the 2001 construction season. PROJECT COSTS We propose to perform the work above on an hourly basis plus expenses. Hourly professional labor costs are $85, and expenses are anticipated to be nominal. While the detailed scope of work cannot be known at this time, we estimate that Diversified Environmental total costs will be in the range of $2500 for the entire project. Invoicing will be submitted on a monthly basis; payments are due within 30 days. If you wish us to begin work, please sign and return the attached General Service Agreement (GSA). If not authorized within 30 days past the date of this proposal, we reserve the right to modify our costs. Thank you again for the opportunity to submit this proposal. If you have any questions, please feel free to contact us at your convenience. We look forward to working with you on this important project. Respectfully, Diversified Environmental, Inc. Dough~; J. Bergstro , PG, CHMM Principal Attachments: General Services Agreement © 2000 Diversified Environmental, Inc. P1004.doc Page 2 of 2 8. Indemnification. Diversified Environmental and the City agree to defend and indemnify each other from any and all liability, loss, damage, expense or cost (including reasonable attorney's fees) which they may incur by reason of any malpractice, negligence or other legal liability of the other. 9. Record Keeping The City and Diversified Environmental shall keep adequate books, records and other documentation consistent with applicable regulatory requirements and in accordance with generally accepted accounting principles, pertaining to the performance of services required by this Agreement. 10. Force Maieure Except for the obligation to pay for services rendered, neither party under this Agreement shall be liable for its failure to perform hereunder, in whole or in part, due to contingencies beyond its reasonable control, including but not limited to strikes, riots, war, fire, acts of God, injunction, or compliance with any law, regulation or order of any governmental body or any instrumentality thereof, whether now existing or hereafter created. 11. Savings Clause If one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement; this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 12. Notices All notices given with respect to the contract shall be in writing to the parties at their respective addresses as shown in this Agreement. If either party should change its address as shown in this Agreement, it shall notify the other party of such change within fifteen (15) days of such change. 13. Governing Law This Agreement shall be governed by the laws of the State of Minnesota and any litigation arising out of this Agreement shall be venued in Hennepin County, Minnesota. 14. Amendment and Waiver This Agreement may be amended from time to time only by an instrument in writing signed by the parties to this Agreement at the time of such amendment. No provisions of this Agreement can be waived except by written instrument signed by the party waiving such provision, nor shall failure to object to any breach of this Agreement waive the right to object to a subsequent breach of the same or any other provision. 15. Entire Agreement This Agreement constitutes the entire integrated agreement between the parties hereto, and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. DIVERSIFIED ENVIRONMENTAL, INC. CITY OF NEW HOPE By: B Do gla J. Bergs rom. Principal Dan D ue, City Manager Page 2 of 2 L IV;rPC; Leaking Underground Storage Tank Database Technology Test http: / /data.pca. state .mn.us /cgi- bin/tal...cit} +Hope &zip =55428 &county = H enne pi n ++ 649 ROBBINSDALE COOPER HIGH SCHOOL 13361 Former Chevron Service Station #20904 1404 LIFT STATION - MWCC 2063 GEAR AND BROACH 11905 CHAMPION AUTO 647 ROBBINSDALE HOSTERMAN JR HIGH 285 AMOCO SS #7412 Hennepin Hennepin Hennepin Hennepin Hennepin Hennepin Hennepin 40;7 - Search Index I Glossary I Ask MPCA I Home If you have suggestions on how we can improve our service to you, please drop us a note. If you have questions or problems, contact webmaster a,pca.state.mn.us For more information about Minnesota, visit the Northstar Web site. MPCA, 520 Lafayette Road, St. Paul, MN 55155 -4194 Phone: 651- 296 -6300, 800- 657 -3864; 24 -hour emergency number: 651 -649 -5451 or 800 - 422 -0798 TTY: 651 -282 -5332, TTY 24 -hour emergency number: 651- 297 -5353 or 800 -627- 3529 2 of 2 1w E U PRELIMINARY ENVIRONMENTAL RECONNAISSANCE FOR PROPERTY TRANSFER AT 5550 WINNETKA AVENUE, NEW HOPE, MINNESOTA H 1 7 Mr. Denny Stucker Commercial Loan officer First Interstate Bank P. 0® Box 53456 Phoenix, Arizona 85072-3456 Project # 94434-XA Date April 26, 1988 Authorization to release this report to the above parties was received from Mr. Stucker during a telephone conversation on April 25, 19$8® First Interstate Bank STS Project #94434-XA DEMOLITION znd construction work at the site in 1975 were Tait and Assor-i- Figure 1 in the Appendix shows the location of the existing struc- ture as well as the location of the previous service station and pump'islands. MAGNOTOMETER SURVEY - 2 - First Interstate Bank STS Project #94434-XA SOIL WRINGS A CME-75 truck mounted auger drill rig was mobilized to the site to perform exploratory soil borings. A total of nine borings were conducted. The location of each boring is shown on Figure 1. All the borings were completed by advancing the solid stem augers to a minimum depth of 11 feet and a maximum depth of 16 feet. HNU PRnTnTnVT7AMIr%N METER The results of the HNU meter survey are presented on the soil boring 10 9S located in the Appendix. The HNU photoionizer identifies the presence Of volatile organic vapor being emitted from the soil samples® Volatile organics from this site are assumed to be associated with petroleum products. 3 First Interstate Bank STS Project #94434-xA lizil"ago-wMiagn SOILS The soils encountered on the site are predominantly sandy clays. These soils tend to have relatively low permeability and would limit migration of fluids through them. HNU SURVEY a - 4 - 0 No groundwater was encountered on the site during the exploration program. The groundwater table is presumed to be present at an unknown depth beneath the sate® An evaluation of the regional groundwater condition in the area was included in the scope of work® HNU SURVEY a - 4 - 0 All First Interstate Bank STS Project #94434-XA 4M « / +� /� I �� \ The soils if left in-.place provide a potential source of contami- nation that could adversely affect the groundwater on the site. E�) As the groundwater conditions at the site were not evaluated the potential for groundwater impacts are not known. GENERAL QUALIFICATIONS - 5 - LEGEND SOIL BORING LOCATIONS PROPERTY LINE W 20' i FIGURE 1 STS Consultants Ltd. Consulting Engineers iti Ptingm- nd. Nonhb—k. IL 80032 272- 273 -8520 FIRST INTERSTATE BANK BOSA DONUT SHOP kSSOCIATES 1975 NEW HOPE MN. AS SHOWN I R D G I I I - 111' -D n 4/26/38 1 194434 —X OWNER First Intersta Bank PROJECT NAME STS Consultants Ltd, 'BOSA Donut Shop 5550 Wi Consultants L0 �5 5 SITE LOCATION nnetka Avenue 5 0 W_ N ew w ew Hope, Minnesota LOG OF BORING NUMBER B-1 ARCHITECT-ENGINEER Sandy clay, little silt,-trace gravel - brown - moist - stiff (CL) End of boring at 16.0 ft. Augered to full depth. UNu meter calibrated to a benzene referral. Hnu meter d e fl ec pion [Ppm] THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN SITU, THE TRANSITION MAY Be GRADUAL WL WS OR WO BORING STARTED 4/25/88 STS OFFICE Minnesota WL BCR ACR BORING COMPLETED 4/25/88 DRAWN BY AP SHEET NO. 1 OF WL None encountered RIG CME-75 FOREMAN DH APP'D 13Y RDG STSJ013 NO. ___ 94434-YA W U D E PTH Z < DESCRIPTION OF MATERIAL I N o Z LU ? FEET Uj W W W > _j a. .j CL 2 -4 0. 2 0 U U) N N W SURFACE ELEVATION i Asphalt and silty sand, trace gravel brown - moist.. loose I I\ I I [ \� (SM) (possible f ill) Sandy clay, little silt,-trace gravel - brown - moist - stiff (CL) End of boring at 16.0 ft. Augered to full depth. UNu meter calibrated to a benzene referral. Hnu meter d e fl ec pion [Ppm] THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN SITU, THE TRANSITION MAY Be GRADUAL WL WS OR WO BORING STARTED 4/25/88 STS OFFICE Minnesota WL BCR ACR BORING COMPLETED 4/25/88 DRAWN BY AP SHEET NO. 1 OF WL None encountered RIG CME-75 FOREMAN DH APP'D 13Y RDG STSJ013 NO. ___ 94434-YA i i i OWNER First Interstate Bank PROJECT NAME STS ConsultantsL %d. BOSA °Donut Shop SITE LocATION 5550 Winnetka Avenue New Hope, Minnesota LOG OF BORING NUMBER B -2 ARCHITECT - ENGINEER 2 SS Sandy clay, little silt, trace gravel - brown - moist - stiff - (CL) End of boring at 11.0 ft. Augered to full depth. HNu meter calibrated to a benzene referral. Hnu meter deflection Pa t 10 20 30 40 $0 i I THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL, TYPES. IN SITU, THE TRANSITION MAY BE GRADUAL WL W5 OR WO BORING STARTED 4/25/88 STS OFFICE Minnesota WL BCR ACR BORING COMPLETED 4/25/88 DRAWN BY AP SHEET NO. 1 OF 1 WL None encountered RIG CME-75 FOREMAN DH APP - D BY RDG STS JOB NO. 94434 -XA r BL t983 Ij U DEPTH ua z � OESCR9PTION OF MATERIAL IN z � r N o w PE ET 2 a U < N N W SURFACE ELEVATION Asphalt and class 5 subgrade LOG OF BORING NUMBER B -2 ARCHITECT - ENGINEER 2 SS Sandy clay, little silt, trace gravel - brown - moist - stiff - (CL) End of boring at 11.0 ft. Augered to full depth. HNu meter calibrated to a benzene referral. Hnu meter deflection Pa t 10 20 30 40 $0 i I THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL, TYPES. IN SITU, THE TRANSITION MAY BE GRADUAL WL W5 OR WO BORING STARTED 4/25/88 STS OFFICE Minnesota WL BCR ACR BORING COMPLETED 4/25/88 DRAWN BY AP SHEET NO. 1 OF 1 WL None encountered RIG CME-75 FOREMAN DH APP - D BY RDG STS JOB NO. 94434 -XA r BL t983 j OVVN1 First Interstate Bank PROJECT NAME STS Consultants Ltd- I BOSA Donut Shop SITE LOCATION 5550 Winnetka Avenue New Hope, Minnesota Asphalt and class 5 subgrade MIMI' WER Sandy clay, little silt,. trace gravel brown to greenish gray - mo sti (CL) 3 SS _2 . HL-M INME End of baring at 16.0 ft® Augered to full depth. HNu meter calibrated to a benzene referral. Hmu met defle-tion - I [Ppm] I THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN SITU, THE TRANSITION MAY SE GRADUAL WL WS OR WED) BORING STARTED STS OFFICE ------------ 4/25/88 ' Minnesota_ WL SCR ACR BORING COMPLETED 4/25/88 DRAWN BY A SHEET NO. OF �None �encou�ntered� RIG CME-75 FOREMAN DH APPO BY RDt_- I STS JOB NO. 944 4 -X LOG OF BORING NUMBER B-3 ARCHITECT•ENGINEE5? Inc six W U DEPTH Z < DESCRIPTION OF MATERIAL I N 0 Z FEET W III W , W > _j 0. -A IL CL Z 0 U U) W < In W "I SURFACE ELEVATION Not Determined Asphalt and class 5 subgrade MIMI' WER Sandy clay, little silt,. trace gravel brown to greenish gray - mo sti (CL) 3 SS _2 . HL-M INME End of baring at 16.0 ft® Augered to full depth. HNu meter calibrated to a benzene referral. Hmu met defle-tion - I [Ppm] I THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN SITU, THE TRANSITION MAY SE GRADUAL WL WS OR WED) BORING STARTED STS OFFICE ------------ 4/25/88 ' Minnesota_ WL SCR ACR BORING COMPLETED 4/25/88 DRAWN BY A SHEET NO. OF �None �encou�ntered� RIG CME-75 FOREMAN DH APPO BY RDt_- I STS JOB NO. 944 4 -X LOG OF BORING NUMBER B-3 ARCHITECT•ENGINEE5? Inc six OWNER First Interstate Bank PROJECT NAME STS Consultants Ltd. BOSA Donut Shop SITE LOCATION 5550 Winnetka Avenue New Hope, Minnesota Asphalt and class 5 subgrade Sandy clay, little silt, trace gravel - brown to greenish gray - moist - stiff - (CL) Note: 0.1 ft. thick sand seam in the 4.5 to 6.0 foot interval End of boring at 16.0 ft. Augered to full depth® HNu meter calibrated to a benzene referral. 10 20 30 40 50 THE STRATIFICATION LINES REPRESENT THE APPROXIMATE - BOUNDARY LINES BETWEEN SOIL TYPES. IN SITU, THE TRANSITION MAY BE GRADUAL --------------- WL WS O W 0" OR BORING STARTED S OFFICE B Minnesota WL SCR ACH BORING COMPLETED 4/25/88 DRAWN BY ANI SHEET NO. OF 0 WL None encountered RIG CME-75 FOREMAN DH APP'0 BY STS JOB NO BU v.qRi RDG1 94434-XA LOG OF BORING NUMBER B-4 ARCH ITEC'7-ENG;NEER ifoc LU U DEPTH Z < DESCRIPTION OF MATERIAL I N 0 W I 2 7 >- FEET Z Ct U, (L (L 0 1 U U) U) < U) La CC SURFACE ELEVATION Asphalt and class 5 subgrade Sandy clay, little silt, trace gravel - brown to greenish gray - moist - stiff - (CL) Note: 0.1 ft. thick sand seam in the 4.5 to 6.0 foot interval End of boring at 16.0 ft. Augered to full depth® HNu meter calibrated to a benzene referral. 10 20 30 40 50 THE STRATIFICATION LINES REPRESENT THE APPROXIMATE - BOUNDARY LINES BETWEEN SOIL TYPES. IN SITU, THE TRANSITION MAY BE GRADUAL --------------- WL WS O W 0" OR BORING STARTED S OFFICE B Minnesota WL SCR ACH BORING COMPLETED 4/25/88 DRAWN BY ANI SHEET NO. OF 0 WL None encountered RIG CME-75 FOREMAN DH APP'0 BY STS JOB NO BU v.qRi RDG1 94434-XA LOG OF BORING NUMBER B-4 ARCH ITEC'7-ENG;NEER ifoc 0 0 0 ', OWNER First Interstate Bank LOG OF BORING NUMBER B -5 PROJECT NAME ARCHITECT- ENGINEER STS Consultants ltd. BOSA Donut Shop SITE LOCATION 5550 Winnetka Avenue New Hope, Minnesota Hnu meter deflection z C DEPTH DESCRIPTION OF MATERIAL I N FEET O a r I W 1 W 4 W 1 W > CL IL N a w a SURFACE ELEVATION Not Determined 10 20 30 40 50 Asphalt and class 5 subgrade I AS 1111, Sandy clay, little silt, trace 1 2 SS gravel - brown -4 moist - stiff (CL) 3 SS End of boring at 11.0 ft® Augered to full. depth. HNu meter calibrated to a benzene referral. L REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN SITU, THE TRANSITION MAY BE GRADUAL WS OR WD BORING STARTEa 4/25/88 STSOFFICE Minnesota NL BCR ACR 80RtNr; COMPLETED 4/25/88 ate >WN BY Ap sNER rNO. 1 of l WL None encountered Rio MME -75 FOREMAN Dg APP- By RDC, sTS JOB No. 94434 -XA 8 L- t -983 ) 11) 140 OWNER First Interstate Bank PROJECT NAME STS Consultants Ltd. BOSA Donut Shop SITE LOCATION 5550 Winnetka Avenue New Hope, Minnesota Asphalt and class 5 subgrade 1 1AS LOG OF BORING NUMBER B-7 ARCHITECT-ENGINEER 11 SS Sandy clay, little silt, trace gravel brow gray -- moist stiff - (CL) 3 :SS End of boring at 16.0 ft. Augered to full depth. HNu meter calibrated to a benzene referral. Hnu meter deflection Eppm] THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN SITU. THE TRANSITION MAY BE GRADUAL WL WS OR WO BORING STARTED 4/25/88 STS OFFICE Minnesota WL 8CR ACA BORING COMPLETED 4/25/88 DRAWN BY AP SHEET NO. 1 OF WL None encountered RIG CME-75 FOREMAN DH APP'O By RDG STS JOB NO. 94434-XA 4 130 I du 1-1383 W U DEPTH 4 Z 0ESCRI OF MATERIAL I N W I ) L U FEET Z t W 0 W a. a. CL 0 2 Z U < < W SURFACE ELEVATION Asphalt and class 5 subgrade 1 1AS LOG OF BORING NUMBER B-7 ARCHITECT-ENGINEER 11 SS Sandy clay, little silt, trace gravel brow gray -- moist stiff - (CL) 3 :SS End of boring at 16.0 ft. Augered to full depth. HNu meter calibrated to a benzene referral. Hnu meter deflection Eppm] THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL TYPES. IN SITU. THE TRANSITION MAY BE GRADUAL WL WS OR WO BORING STARTED 4/25/88 STS OFFICE Minnesota WL 8CR ACA BORING COMPLETED 4/25/88 DRAWN BY AP SHEET NO. 1 OF WL None encountered RIG CME-75 FOREMAN DH APP'O By RDG STS JOB NO. 94434-XA 4 130 I du 1-1383 0 U 0 0 0 9 1�c Sao OWNER First Interstate Bank LOG OF BORING NUM13ER B-8 PROJECT NAME ARCHITECT- ENGINEER STS Consultants Ltd. BOSA Donut Shop SITE LOCATION 5550 Winnetka Avenue New Hope, Minnesota Hnu meter deTI ec t 10 11 W U [PPM ] Z DEPTH DESCRIPTION OF MATERIAL W I N 0 a- FEET w W W U > -.1 CL CL a. 0 2 2 :E U < < Ct W (A U) 'SURFACE ELEVATION 10 20 30 40 50 2K Asphalt and cla 5 subgrade I AS Sand, little silt, trace gravel gr gray - moist - loose (SM) - (possible fill) 2 S S -3 SS -1 1 11 Sand, clay, 'little silt, trace gravel - brown to greenish gray moist - stiff - (CL) 4 SS End of boring at 16.0 ft. Angered to full depth. HNu meter calibrated to a benzene referral. 20 25 30 THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL rypEs. IN SITU, THE TRANSITION MAY BE GRADUAL. WL WSORWO -- BORING STARTED 4/25/88 STS OFFICE Minnesota WL BCR ACR BORING COMPLETED 4/25/88 DRAWN BY AP SHEET NO. 1 OF WL None encountered ------- RIG CME-75 FOREMAN DH APP'D BY STS JOB NO. RDG 94434-XA 9 1�c Sao v 0 0 C� L' Report E9= Site Exploration for the Property Located at 5550 Winnetka Avenue. New Hope, Minnesota 194 Mr. Jerry Purtell Unocal Corporation 1650 East Gulf Road Schaumburg, Illinois 60196 Project # 94779-XA at July 31, 1989 e I Unocal Corporation STS Project #94779-XA - 2 - I Unocal Corporation STS Project #94779 J� SITE HISTORY . • I # The site is located on glaciated terrain in east central Minnesota. The geology of the site consists of approximately 100 to 150 feet of glacial till underlain by bedrock believed to be the St. Peter sandstone. Surface Water The nearest surface water to the site is Meadow Lake located approximately 1/2 mile north- west of the site. Bass Creek and associated lowlands/wetlands are located approximately one mile to the west-northwest of the site. 3 I Unocal Corporation STS Project #94779-XA I - 4 - I Unocal Corporation STS Project #94779-XA Geophysical Su A geophysical survey utilizing Ground Probing Radar (GPR) and a magnetometer was con- ducted on the site. The GPR and magnetometer surveys were conducted to evaluate the pos- sibility of underground storage tanks remaining on the site. The magnetometer uses magnetic field intensities to locate buried metallic objects. The magnetometer indicates the presence of metallic objects by a tone that varies in response to the intensity of a magnetic field. A D-50 truck mounted rotary drill rig was mobilized to the site to perform exploratory soil borings to obtain additional information regarding site conditions. The drill rig, hollow stem augers and drill rod were steam cleaned prior to mobilization to the site. A total of - 5 - Unocal Corporation 4 STS Project #94779-XA five borings were conducted. The location of each boring is shown on Figure 2 in Appendix A. All the borings were completed by advancing hollow stem augers to the full depth of the Soil samples were obtained by using a split-barrel sampler in general conformance with ASTM Specification D-15864 The split-barrel sampler was cleaned between each sampling event MM =, The soil samples were classified in the field by a qualified engineer using the Unified Soil Classification System. The classification is denoted by the upper case letters enclosed in parentheses on the boring logs developed for each soil boring° logs located in the appendix. Chemical Samplin ,' - 7 - Unocal Corporation STS Project #94779-XA indicates the approximate area covered by the geophysical survey. ME Sandy clay soils tend to have low permeabilities and generally restrict the movement of fluids through themselves. The sands tend to have high permeabilities and do not greatly restrict the movement of fluids through themselves. A detailed description of the soils encountered in each boring is presented on the boring logs in Appendix A and B. Figures 5 and 6 in Appendix A are cross-section diagrams indi- cating soil type, deposition type, PID values and water levels. WOR Unocal Corporation u p =0 ro-172TRIMM7 M. to the southeast. Results of Chemical knalysis The results • the chemical analysis indicated the presence • BTEX and TPH compounds and total lead above the detection limits established by the laboratory. Table I below pre- sents the results of the chemical sampling: - 9 - RW-12�W;11%5 • Table I Results of Chemical Analysis Sample Identification: BJ-S5 BI-Sll B3-S4 Sample Type: Soil Soil Soil Boring Number: BI BI 133 Parameter Units Lead mg,/Kg 3.2 Benzene mg/ .g < 0.12 0.53 0.32 Toluene mg/Kg 2.8 < 0.11 3.4 Ethytbenzene mg/Kg 0.77 < 0.05 2.3 Xylenes mg/ Kg 2.8 < 0.28 4,8 Total hydrocarbons as gasoline mg/Kg 13 2.0 44 MTBE mg/Kg < 0.14 < = less than The results of the chemical analysis appear to indicate soils at the site have been im- pacted by gasoline. The low levels at which the BTEX, TPH and total lead were identified do not appear to indicate significant impacts to soils on the site. Unocal Corporation STS Project #94779-XA 1K#3 0 Petroleum impacted soils were identified on the site in two of the five current soil bor- Groundwater encountered in soil boring BI did not appear to be impacted by petroleum products based on visual and olfactory observations. It appears that the underground storage tank/tanks and associated piping system that pre- viously existed on the site released petroleum products. The sandy clay soils at the site appear to have restricted the vertical and horizontal migration of the released petroleum Figure 2 in the appendix indicates the estimated extent of the petroleum impacted soils. - 11 - Unocal Corporation STS Project #94779-XA STS recommends that no further action be taken on the site at this time. The source of the petroleum release/releases have been removed, and the sandy clay soils at the site have restricted the migration of petroleum product. The chemical analysis of the soil samples collected at the site indicate that' the levels of released petroleum product is relatively low. Naturally occurrring bacteria will also provide additional degradation of the residual petroleum product. - 12 - M County load 10 I b en cbm ark I (flop of sidewalk, I N. E'. come°°; l aSSUMe - ele`✓arlon 1 100X feet) L approximate location 1 I of removed fuel oil and wcste oil tanks E2 proper ty line former soil boring (1988) present soil boring (1989) f� cross section location P 1 14 � , k7l", I,�� Il' County Road 10 a I I I I I I I I approxim oca on /A or removed gasoline .... .... o .. tanks B A .... ... 6-5 B ....... ........ ....... .. ... ........................ ...... .......... . .......... ....... 7 1� abandoned island I ......... A& ............. (removed) . . . . . . . . . . . former ...... serAce I s-t G t on ...... DONUT B5 0 SHOP 5550 N.E'.'comer; I Winnetka Winnetka assumed Avenue I Avenue elevation 100.0 feet) a approximate location of removed fuel oil 0 and waste oil tanks 62 property line A F I 0 SCALE: 1'=30' 53 LEGEND.- �� former soil boring (1988) 40 present soil boring (1989) cross section location ........ estimated extent of ... petroleum impacted ... soils B4 island B -9 f 3 — 4 v 'J ataandor,ed i eland f I a -7 ..... a �` ... 5 ---3 . I g_8 .. a .............'1 f ®.. m .. 3 -8 f I I I former $ ."." 1 X3_2 f service f BOSH 1 95 f station I: DONUT f I a SHOP j m o�m�e 5550 Winne: {a Avenue Winnetka '.'.•.•.'.'.`.'.'.'.'.'.'� avenue I— cporoximote location 1 of removed fue! oil c:�d waste oil tanks E2 j �- prccert.y fine r former soif boring (1988) ..... • . " . . approximate area of present soil boring (1989) _ geophysical survey N a r 50 r � E E T 40 35 � 30 MINE e— N 100 - l L:.j m 90 Y glacial till ' CL CL-SC ' 3 , 85 ' l t _ 3^erty line ' ( , 80 E - E 75 V 70 I 65 55 N a r 50 r � E E T 40 35 � 30 ., t d f t t � �� ' r �' Cu i J l I if o � f � i I �� c i� I� � i i: i Y �! C;, , �. t J I v Lii _ v q t `lj � - � � � B � E 1 q. l OWNER Unocal Cor poration LOG OF E365IN6 NUMBER y IS Ltd. PROJECT NAME Bosa Donut Site _BI ARCF[6TEC7— EN6INEER SITE LOCATION 5550 Winnetka, Ave. N. New Rape, M1 , Hnu meter deflection [Ppm] 25 50 75 100 125 4 N w U F Vj < DESCRIPTION OF MATERIAL SURFACE ELEVATION 97,7 feet - r TYS \ Asp halt ic p --- - 1 — -� _ " — — 2 SS Aggrega Subbase , 5 10 1 1! I -B_ t ((( p2 40 1 — - \ _ -M$0 - _gel 120 - 3 — 5 ,6 SS SS SS SS m TF IT 1T ITIE _ Silty sand, trace gravel - brown dry - loose ^ (SM) - fill I Sandy clay, little silt, trace gravel - dark brown to brown -moist - medium - (CL -SL) _$ -FLS 1$ TT TF 0 LE _ I 12 13 � SS�Il SS IT 11 14 SS 5B d — — TT Fine to medium sand, trace silt - brown - dry to saturated - extremely dense - (SP) i 1 -6 16 _ UCt End of boring at 71.0 feet. Hollow stem angered to full depth. HNU meter calibrated to a benzene referral. HNU background level I to 2 ppm. Boring grouted to the surface with neat cement grout. THE STRATIFICATION LIt4ES nEPMESENT THE APPROXIMATE BOUNDAnY LINES BETWEEN SOIL TYPES, IH SITU, THE TnANSI TION MAY BE GRAOUAL. WL 66 ft. WD WS OR WO BORING STARTED 6/27/89 Sis OFFICE Minnesota WL SCR ACR BORING COMPLETED 6/27/89 DRAWN BY CYO SHEET NO. 1 OF 1 WL 62.5 after 0.5 hr. RIG CMG -75 FOREMAN DZ APP"U DY ARP STS JOB NO. 94779 .l'A 1 220 �' J`NIVGR LOG OF BORING NUMBER t �.� Unocal Corporation B3 PRO-;E'- 1 1AME ARC �a7E -7-.-'NG,NEER SiS Consultants Ltd. BOsa Donut Site SITE –'–OC. TIOIN 5550 Winnetka Ave. New Hope MN n u M P- deflec ;Icr. rill w � u + D EPTH ( w Q I 0E-=G:3IPTIO,N OF MA i cRIAL. iM O } Ni F z CI `a a a u N fn In I -SURFACE e �rATlory 95.6 feet 25 50 75 100 l25 As halt Aggregat avement t 4 e Subbase' �Silty sand, trace gravel - black 2 1SS 1 5 f + I - - moist medium dense {SM'} I fill � 3 1 S S 4SS 111 11 Sandy clay, little silt trace gravel - brown - medium - (CL -SC) i~ I 5,SSi 10 i � 1 i I ' 6�SS �i '' 2 End of boring at 21,5 feet. ' I ! MNU meter calibrated to a benzene referral. HNU background levels = 1 to 2 g P P m Boring grouted to the surface with i neat cement grout. , 3O THE STRATIFICATION LINES REPRESENT THE APPROXIMATE EOUNOARY LINES BE -WEEK SOIL TYPES. IN SITU. THE TRANSITION MAY SE GRAOUAt- -- ' VVL Not encoun Ws OR Wo' BORN START 6 89 sTS oFF,cs vMin>aesaCa � - / - v L 8Ca ACR , SCRIN COMPLETED 6/27/89 DRAWN BY Y ' SHEET NO. 1 OF l ML NQt 1 RIG C -75 FORE MAN DZ ( APP'❑ 8Y ARp 'sTS ice No. 94779 =XA 8L: t.�BS 40 p40 I I OWNER LOG OF BORING NUMBER Unocal Corporation B4 PPO.�E=NAME ARC 17;r -_ STS COnsultanl:S Ltd. Bosa Donut Site SITE LC(", : TICN 5550 Winnetka Ave. New Hope, MN Hnu meter d e T1 e C '1`61 C r, U DEPTH CE5CRIF CP VATIZRIAL I N F= =7 O z CL u) w lwi W C U LU SURFACE /A7'1,CN- 96.2 feet (n Z5 50 75 100 125 F Asphaltic pavement cr _re al�. te Subbase I AS 5 2 [S S i 31SS 0 (Sandy clay, little silt, trace gravel - brawn - medium - (CL-SC) 4 SS 15 51SS I 1End of boring at 16.5 feet° meter calibrated to a benzene irezer--al< back-round levels = 1 to Dm I lBoring grouted to the surface with 'neat cement grout® 2 5 THE STRATIFICATION LINES REPRESENT THE APPROXIMATE SCUNOARY LINES BE SOIL TYPES. IN Sim. THE TRANSITION MAY SE GRADUAL WL Not encountered WS OR WO BORING37ARTE-3 6Z27/89 S OFF!CZ Minnesota wt_ SCR ACR BORING COMPLETED 6Z.27/89 BRAWN BY I Cyo SHE=7 NO. OF I V VL Not encoiulte ed RIG FOREMAN APP'O BY DZ ARP STS O, 94779-XA I JOB N SL 1-983 Unocal Corporation PROJE' NAME S 7S Consuitants Ltd. Bosa Donut Site 71 = , E -1-CC:710N 5550 Winnetka Ave. New Hope, MN LU U z U.1 C21 W L" I I AS P SS 10 4 ss 1 5 SS OE-SCAIRTTON OF MATEaIAL 0 SURFACZ Ti.. IATTCN 97.0 feet As haltic pavement ic Aggregate Subbase Sandy clay, little silt, trace gravel - brown - medium - (CL-SC) End o7 boring at 16.5 feet. HYU meter ca- to a benzene r e f e = a 1 . HIN background levels = 1 to 2 ppm Boring - "With grouted to the surface neat cement grout. H mat.- deflect , I c r. [PPM1 Z5 50 75 100 125 THE STRATIFICATION UNES REPRESENT 7HEAPPRGXIMATE 9CUNOARY LINES BETWEEN SOIL TYPES. IN SITU. THE TRANSITION MAY SE GRADUAL WS OR WO BORINGSTARTMO 6Z27/89 STS OFFfCZ Minnesota SCR ACA BORING CCMPLETED 6/27/89 I DRAWN BY C7 SHEET NO. OF 0 1 1 - RIG CME-75 FOREMAN DZ APP*O BY ARP I STS JOB 1,40. AG 779- LOG OF BORING NUMSER 135 ARC-if 71EC7 DEPTH IN 0 F= =T z LU U z U.1 C21 W L" I I AS P SS 10 4 ss 1 5 SS OE-SCAIRTTON OF MATEaIAL 0 SURFACZ Ti.. IATTCN 97.0 feet As haltic pavement ic Aggregate Subbase Sandy clay, little silt, trace gravel - brown - medium - (CL-SC) End o7 boring at 16.5 feet. HYU meter ca- to a benzene r e f e = a 1 . HIN background levels = 1 to 2 ppm Boring - "With grouted to the surface neat cement grout. H mat.- deflect , I c r. [PPM1 Z5 50 75 100 125 THE STRATIFICATION UNES REPRESENT 7HEAPPRGXIMATE 9CUNOARY LINES BETWEEN SOIL TYPES. IN SITU. THE TRANSITION MAY SE GRADUAL WS OR WO BORINGSTARTMO 6Z27/89 STS OFFfCZ Minnesota SCR ACA BORING CCMPLETED 6/27/89 I DRAWN BY C7 SHEET NO. OF 0 1 1 - RIG CME-75 FOREMAN DZ APP*O BY ARP I STS JOB 1,40. AG 779- LOG OF BORING NUMSER 135 ARC-if 71EC7 July 18, 1989 STS Consultants OD in terpoll 3650 Annapolis Lane INTERPOLL LABORATORIES, INC. 4500 BALL ROAD N.E. CIRCLE PINES, MINNESOTA 55014-1819 TEL: 612/786-6020 FAX: 612/786-7854 July 18, 1989 STS Consultants 3650 Annapolis Lane Minneapolis, MN 55441 Attention: Al Paulson LAEO RSIORT. #7950 STS PROJECT: #94779-XA SAJ'FLES COLLECTEI). June 17, 1989 SAi'�' RECEIVED: June 29, 19B9 Wimple I dentification: ication: BI-S5 BI-S11 B3-S4 Sample Type: Laboratory Log Number: soil soil soil 795 1 7950-02 7950-03 Units E Metf SW 6010: Lead mg/Kg 3.2 EF Mari-cd SW--e46, 8020: E-e-nZene Toluene mg/Kg < 0.12 0.53 0.32 EthylbEwizene mg/Kg 2.e < 0.11 3.4 xyleness- rng/Kg 0.77 < 0.05 2.3 hydrocarbcns as gasolil-je mg mg/Kg 2.e < 0.28 1 13 4.e MTEE 2.0 44 mg/Kg < 0.14 Respectfully s Gregg W. Holman, Manager Inorganic Chemistry Department Wayne A. Olson, Manager Organic Chemistry Department GWH/WAG/cg Invoice Enclosed < = less than All analyses were performed using All units " as EPA or Other recognized methodologies® are on an received" basi unless otherwise indicated. 1 3 CONSULTING SOIL EN'NVINEERS 10 612/854-2200 Mervyn Mindless SuBTERRANEAN David I. Alley I ENGINEERING INC. Richard J. Schabert 2850 METRO DRIVE SUITE 130 METRO OFFICE PARK MINNEAPOLIS, MINNESOTA 55420 ���TL Ai�D FO NDATION IINVESTI GAT ION W 4CHELL'S DONUT HOUSE S, Ell COR. BASS LAKE M & WININETKA AVE.' NEW HOPE, IMINNESOTA A REPORT PREPARED FOR JNY'S LICORPOIRATED- FEBRUARY, 07 ti. SOIL AND FOUNDATION ENGINEERING, FIELD LOADING TESTS, ROAD SUBGRADE INVESTIGATIONS, EARTHWORK CONTROL & PAVEMENT DESIGN, MATERIALS TESTING, S UPERVISION AND CONSULTATIONS I r"o REPORT ON SOIL INVESTIGATION WINCHELL'S DONUT HOUSE BASS LAKE RD. & 111INNET,4A AVE. NEW HOPE, 141NNESOTA We were retained to conduct a soil investigation for this project. The purposes of our work were to determine the general soil and ground water conditions at the site, and to prepare a report including recommendations for the foundation design and installation. ii PROCEDURE: The field work was performed on January 27, 1975, using a truck-mounted CiIE-45B drill unit. Two (2) regular soil test holes drilled ilea at diametrically opposite corners of the pro i , posed ne5, building location. In addition a single test hole was drilled at the location of the proposed pole sign, and a shallow auger boring i made in a representative location within the new C� pavement area. All of the soil test holes were advanced using 3 %" i.d. x 7" o.d. hollow stem, con ti n uous flight auger, which acts, as a temporary casing -to prevent collapse of the sides of the hole. In the three deeper borings standard penetration test! were performed at 2 t 5 foot intervals of depth, in advance of the casing tip, fully in accordance with procedures designated is A.S.T.N. D-1586. Observations for ground water levels in the borings were made after completion. SUBTERRANEAN ENGINEERING INC. MINNEAPOLIS, MINN. 2 -- All soil samples obtained were brought to our laboratory for examination and classification, They will be retained for a period of at least 90 days from date of issue of this report, after which they will be discarded unless we are otherwise noti- fied. Drawing Noel is a site plan showing the soil test hole 0 locations in relation to the outlines of the existing and proposed buildings. Detailed soil descriptions together with a plot of the standard penetration test blows per foot are given on the Borehole Log Sheet, Drawing No, 2. Following the regular written soil descriptions are capital letters in parentheses, which represent the appropriate group symbols of the Unified Soil Classification System. A chart explaining this system is appended, All -elevations in this report are to geodetic datum, and were obtained using the bench mark noted on the site plan, SITE AND C- The building site is relatively level, and has a gentle 0 slope frog the south toward the north. It is presently occupied by a centrally located, slab-on-grade service station building which is surrounded by pavement. The pavement in the north- westerly quarter of the property is concrete, whereas the remain"' er is asphalt. There is also an unpaved portion at the east 1- SUBTERRANEAN ENGINEERING INC. MINNEAPOLIS, MINN. 3 and south-east parts of the site. There are some buried fuel storage tanks at this site, but these are probably within the northerly end of the property, and it is believed that they will not encroach into the proposed new buildin 0 The natural soil in the area encompassing the site con- sists primarily of silty and clayey glacial till related to the Des Moines ice lobe of the Wisconsin glaciation. According to information published by the State of 14innesota Geological Survey, bedrock under the site is either St. Peter sandstone or Prairie du Chien dolomitic limestone, and probably occurs at a depth in excess of IbO feet below present ground surface® SOIL CONDITIO NS 0 three basic soil types were encountered in our in- vestigation. These area a relatively thin upper stratum of fill, Z� disturbed atu soil, or weathered glacial till; the upper member of t'�ie Des T till, which is predominately a clayey fine sand; and the lower portion of the Des Moines glacial till, which is a sandy clay. SUBTERRANEAN ENGINEERING INC. MINNEAPOLIS, MINN. I j . � 4 Upper Soil Stratum It appears that the site is covered by a 3- to S11 foot thickness of mixed soils consisting of silty sand base course fill used under the existing pavements, sandy clay and clayey sand, some of which is fill and some of which is disturbed natural soil. P,Iost of these soils were in a frozen state at the time of our investigation, but we believe that the plastic portions are stiff in consistency, and the non-plastic portions are .loose to medium dense. Des Moines Sandy Glacial Till Directly below the mixed surface soils is an 8 to 9 fool thick stratum of brown to - pale brown clayey fine sand with traces of gra Th'is soil type is predominately non-plastic, although there are some relatively small components with slight - plasticity Standard ne test resistances within this stratum were found to range between 10 and 18 blows per foot, representative of a medi dense cond -Lon. This soil has good load-bearing capacity - : - --nd low compressibility. Des ?Mo i n es Ciavv Glacial Till A major deposit of clayey glacial till commences at a depth of ill-, to 12 feet below present ground surface, and probabl extends to considerable depth. This is a brown to grey-brown sandy clay with 5% to 20% content of fine gravel. It has slight SUBTERRANEAN ENGINEERING INC. MINNEAPOLIS, MINN. S plasticity, and. is tough to very tough in consistency® Standard penetration test values within the clay till stratum are 13 to 16 blows per foot. This soil has high load-bearing capacity and ver, low compressibility. GROUND WATER CONDITIONS: No free ground water was observed in our borings. The ground water table at this site is lower than elevation 900 feet, or more than 20 feet below ground surface. Thus ground water wil have no effect on the construction or subsequent performance of the building foundations. C> STRUCTURAL INFOR` It is proposed to build a one story, slab-on-grade buil i in the south-central portion of the lot. The building will C> measure approximately 49.3 x 38.7 in plan area. This will probably be a : bearing wall structure. Structural loads on the footirs of such a building are relatively light. There will be a pole sign at the north-west corner of the property. most of t',--- remaining space will be paved to provide for drivewa and car par ". - areas, No -g significant re- grading will be requir C, 0 at t111Sz: site. SUBTERRANEAN ENGINEERING INC. MINNEA.POLIS, DAINN. 11 41 EWA I �4 Ij LI/ ( 's-Q LU I lu f ,954, I uj ll�A Ci t To: Phil Kern, City of New Hope From: Doug Bergstrom Date: October 30, 2000 RE: Bosa Donuts Site ' 3620 Edward St. NE St. Anthony, MN 55418 Phone /fax (612) 789 -6136 Email: dbergstrom @uswest.net I today sent off a letter to the MPCA confirming their intent to rescind the request to the City of New Hope that the site be investigated, and copied you and Steven Sondrall on the letter. As I indicated in my voice mail to you last Friday, this came about because the MPCA was unaware that the site had previously been investigated and closed. I expect that the City should receive this letter from MPCA within the next couple weeks. What does this mean to the City's potential project? Regarding salability, the 1990 "no further action" letter from MPCA will still hold, which should make it a marketable property to a prospective buyer and their lending institution. The only other issue is that there is still contaminated soil within approximately 5 feet of the surface at the site. While the MPCA does not see the presence of these contaminated soils as needing excavation and treatment, it is likely that future development work at the site (e.g grading, utility work, etc.) will require minor excavation of petroleum- contaminated soil. Once contaminated soil is brought to the surface, it must be documented, monitored, stockpiled, and disposed of properly. In order to ensure that this work is done appropriately, the MPCA strongly recommends that any such work be done with prior approval of the VPIC (Voluntary Petroleum Investigation and Cleanup) unit of the MPCA. The VPIC unit was created several years ago to handle expedited requests for such approvals, and charges relatively nominal fees for their work. Typically, a work plan is developed by the property owner or developer, and details what work will be done, how monitoring for contaminants will be accomplished, and how contaminated soils will be dealt with if encountered. This work plan is then sent to VPIC for their review and approval, and once approved, the work may proceed without further oversight by MPCA. In my experience, such an effort for this site would be seen by VPIC as fairly routine, and I anticipate no problems in this area. However, such work would involve effort and costs (probably in the range of $2,000 to $3,000, plus the cost of soil disposal), and such work is not Petrofund- eligible for reimbursement. I bring this to your attention now so that the City can think about how it wishes to proceed with this issue before development is imminent. The City may wish to delegate this responsibility to the buyer in a purchase agreement, or alternatively retain responsibility for it to control such costs. If you have any questions, or wish further information, please contact me at your convenience. F1 1 �� ' - • • a a a • • 1 This AGREEMENT is made by and between the Economic Development Authority in and for the City of New Hope hereinafter called "Owner" and Belair Excavating hereinafter called "Excavation Contractor." The relationship between the parties shall be limited to the performance of services as set forth in this AGREEMENT and shall not constitute a joint venture nor a partnership nor an employee - employer relationship. Neither party may obligate the other to any expense or liability outside of this AGREEMENT except upon written consent of the other. For the purpose of the AGREEMENT, "Owner's Consultant" shall refer to: Diversified Environmental, Incorporated 3620 Edward St. NE St. Anthony, Minnesota 55418 Services required of the Excavation Contractor will be directed and monitored by the City of New Hope (the "City ") on behalf of the Owner. r - zrr• The established completion time shall not be extended because of any delays attributable to the Excavation Contractor, but may be extended by the Owner, or because of unavoidable delays beyond the control of the Excavation Contractor. The Excavation Contractor agrees to perform services for the Owner in accordance with the requirements outlined in this AGREEMENT. All labor, materials, and services shall be provided in strict accordance with Exhibit A and with the applicable Technical Specifications contained in and referenced in Exhibit B. The Excavation Contractor shall be responsible for exercising care in operating equipment in the vicinity of utilities (both public and private), and shall save and hold harmless the Owner, the Owner's Consultant, and the City of New Hope from and against all claims and damages of every kind for injury to, or death to, any person or persons and from damage to or loss of property, arising out of, or attributed to the Excavation Contractor's operations. The Excavation Contractor shall be responsible for contacting public utility companies and local municipalities to determine the location of all utilities and structures in the area the work is to be performed. The Excavation Contractor shall take necessary precautions to avoid and prevent damage to all utilities and structures, both public and private. The Excavation Contractor shall be responsible for coordinating notice to Hennepin County in the event that the work requires closing of a County Road. 1 of 6 pages The Excavation Contractor shall be responsible for damage to property and injury to persons that may occur during the course of the work or later as a result of the settlement of backfill caused by the fault of the Excavation Contractor. The Excavation Contractor shall also be responsible for any damage to the land that may result from operation of equipment during the work. The Excavation Contractor warrants that all materials and services are free from defect or material workmanship and conform to the specifications of Exhibit B. The Owner shall pay the Excavation Contractor in accordance with the unit costs specified in Exhibit A. Payment will be made based on a final invoice submitted to the Owner in care of the Owner's Consultant. Owner's Consultant will review invoices and recommend payment within five (5) days of receipt. Payment will be made by Owner within 30 days of date of the Consultant's recommendation for payment. Payment for excavation and disposal of contaminated soil and select granular borrow will be based on tonnage shown on weigh tickets, agreed upon by the Excavation Contractor and the Owner and approved by the Owner's Consultant. Payment for excavation and respread of topsoil and bituminous removal will be based on estimates agreed upon by the Excavation Contractor and the Owner and approved by the Owner's Consultant 5.0 - CHANGES The Owner and Excavation Contractor shall have the right to make change orders. The Excavation Contractor shall immediately notify the Owner and the Owner's Consultant of any increases or decreases in costs caused by such change orders and an equitable adjustment in prices or other terms hereof shall be mutually agreed upon prior to proceeding. 6.0 - QUALIFICATION OF EXCAVATION CONTRACTOR The Excavation Contractor warrants that it is properly certified to perform the required services in the State of Minnesota, and is currently certified as an Underground Storage Contractor by MPCA or has such a contractor identified on their project team. The Excavation Contractor warrants that all employees engaging in site work have received and maintained the minimum safety training and medical monitoring as required by the Occupational Health and Safety Administration (OSHA). The Excavation Contractor warrants that all employees who could be exposed to hazardous substances, safety, or health hazards have obtained the necessary health and safety training, and medical surveillance as specified in OSHA's Final Rule dated March 6, 1988, and published at 54 Federal Register 29 CFR.1910. 2 of 6 pages VAN• k_ The standard of care applicable to the Excavation Contractor's services shall be that degree of skill and diligence normally exercised by qualified and experienced contractors performing the same or similar services in Minnesota. The Excavation Contractor shall re- perform any services not meeting this standard at no cost to the Owner. The Owner and Excavation Contractor recognize that the Owner may suffer financial loss if the Work is not completed within the times specified in Exhibit A; plus any extensions allowed. They also recognized the delays, expense, and difficulties involved in proving the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and Excavation Contractor agree that as liquidated damages for delay, the Excavation Contractor shall pay the Owner the specified dollar amount in Exhibit A for each day that expires after the specified construction time. In addition, any downtime incurred by Owner's Consultant as a result of the Excavation Contractor's inefficiencies, including but not limited to, not showing up to the site on time, not bringing the needed equipment to the site, and breakdowns of the excavation- related equipment, shall be not be paid by the Owner. Specifically, the Excavation Contractor should arrive on site within one hour of the scheduled time. Scheduled starting times must be confirmed at least one day prior to excavation. If breakdowns of the excavation- related equipment occur, the Excavation Contractor has a one -our grace period to make necessary repairs before the hourly rate would go into effect. If the Excavation Contractor needs to leave the site to make the needed repairs, the Excavation Contractor will not charge an additional mobilization /demobilization fee. 9.0 - LIENS AND CLAIMS The Excavation Contractor shall indemnify and save harmless the Owner, the Owner's Consultant, and the City of New Hope from all liens, claims, demands, or suits brought by the Excavation Contractor's laborers, subcontractors, materialmen, or other creditors to enforce a right of any kind made upon or against the work or property where the work is performed. The Excavation Contractor shall comply with all laws, regulations, codes, and ordinances that are applicable to the Excavation Contractor's work to be performed under this AGREEMENT. The Excavation Contractor shall procure and maintain at its own expense, all permits and licenses, required by law, to perform the services authorized under this AGREEMENT. 3 of 6 pages The Excavation Contractor shall be responsible for the health and safety of its personnel and equipment in performance of the work. This includes recognition of potential health and safety hazards associated with the work. Failure to comply with the health and safety practices as described above may be grounds for termination. The Excavation Contractor shall be responsible for its negligent acts and omissions and those of any and all persons for whom it is legally responsible. The Excavation Contractor agrees to hold the Owner, the Owner's Consultant, and the City of New Hope harmless and to indemnify and defend them against any and all loss, expense, and liabilities of every kind including court costs and reasonable attorney fees arising out of or related to the negligent action or inactions, errors, or omissions of the Excavation Contractor, the Excavation Contractor's employees, and all persons for whom the Excavation Contractor is or may be legally responsible. 13.0 - ASSIGNMENT The Excavation Contractor shall not delegate any duties, nor subcontract any part of the work, nor assign any rights, or claims under this AGREEMENT, without prior consent of the Owner. If any element of this AGREEMENT is held to violate a law, then the element shall be deemed void, and all remaining provisions shall continue in force. However, the Excavation Contractor and the Owner will in good faith attempt to replace any invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. All terms and conditions of this AGREEMENT allocating liability between the Excavation Contractor and the Owner shall survive the completion of the services hereunder and the termination of this AGREEMENT. If a dispute arises concerning services performed or fees invoiced, the Owner agrees to notify the Excavation Contractor in writing within 14 days of the time the Owner knows or should have known of the dispute. Resolution of disputes will be handled in the following manner: The Excavation Contractor and the Owner will seek a negotiated resolution. If direct negotiations fail within 45 days, both parties agree to submit the issue to mediation. 4 of 6 pages (a) The Owner may terminate this AGREEMENT, by providing ten (10) days written notice. In the event of termination, the Excavation Contractor will be paid an equitable amount in proportion to the amount of work completed in accordance with Exhibit A. (b) If the Excavation Contractor fails to perform the services required for reasons that are not beyond the Excavation Contractor's control, then the Excavation Contractor shall be deemed in default. In the event of such default, the Owner may terminate this AGREEMENT immediately and shall have no obligation to make any payment to the Excavation Contractor for services not performed satisfactorily or not completed. If the Owner is forced to obtain supplies or services, similar to those terminated, elsewhere, the Excavation Contractor agrees to pay any and all excess costs or expenses incurred by the Owner in connection with reprocurement. This AGREEMENT is to be governed by the laws of the State of Minnesota. Neither party to this AGREEMENT will be liable to the other party for delays in performing the services, nor for the direct or indirect cost resulting from such delays, that may result from labor strikes, riots, war, acts of governmental authorities, extraordinary weather conditions or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party. Any specifications, drawings, notes, instructions, engineering notices, or technical data referred to in this contract or attached hereto, shall be deemed to be incorporated herein by reference as if fully set forth. In case of any discrepancies or questions, the Excavation Contractor shall immediately contact the Owner's Consultant for decision, interpretation, and instructions. Nothing in the Agreement is intended to waive any municipal liability limitations contained in Minnesota Statues, particularly Chapter 466. The parties have read the foregoing agreement, understand completely the terms and conditions, and willingly enter into this AGREEMENT. OWNER EXCAVATION CONTRACTOR Economic Development Authority in and For ther0ty of Net Hope Name of Firm: Belair Excavating B Positi 5 of 6 pages Date: - 3b - C)(-! Date: _,Qq 4 The contract documents which comprise the entire Agreement between Owner and Excavation Contractor concerning the work consist of the following: This Agreement (pages I through 6) Exhibit A-Quote and Unit Costs and Scope of Work (Pages Al through A3) Exhibit B-Project Information and Technical Specifications (Pages 131 through 135) Exhibit C-Insurance (Page Cl) Exhibit D- Site Location Map (Page D1) Exhibit E- Sanitary Sewer Map (Page El) Exhibit F- Contaminant Location Map and Contaminant Types and Concentrations (Pages F1 through 172) Exhibit G- Existing Utilities and Infrastructure Map (Page GI) 6 of 6 pages The undersigned, being familiar with the Agreement for Excavation Services, understands that all excavation-related services will be governed by this Agreement and agrees to perform all work in accordance with the Agreement. "A Corporation a,j, z0,700q_6C-Lqi1z E)e(etV4-5V110&, 1) Oate Name of Bidder -766 7. 2- 0 D 6 Lb 41644WA-q 8 A11 Facsimile Address 65 ?8(_016c) Br t; JL-i r ,) . 11A_ t j SS Telephone No. City 1._1 State & Zip Code Exceptions to Agreement BrD AssuyKe -s t" to 'Ib BE .5EA - LC_b This document will be retained in Owner's files. Page Al of A3 Exhi A 0 • r•- • 11is Site Name: Bosa Donuts Site Address: 5550 Winnetka Avenue, 7809 Bass Lake Road Item Description Estimated Quantity Pgy Unit Total Unit Cost Cost Excavation of all soil 500 Tons Ton Hauling and disposal of contaminated soil 400 Tons Ton ®.sr 8 Select granular borrow placed,as backfill 400 Tons Ton /0'% #V W oe Backfill and compaction of clean soil 100 Tans Ton Salvage and respread of topsoil 30 Tons Ton 40 Abandon /remove sanitary sewer line Lump Sum L S't�oS°`' Removal and disposal of bituminous paving material 10 Square Yards SY $5`2c' 572o Total Quote $ 2.0,5 -7$ °—° The excavation work will be performed on two separate properties; 5550 Winnetka Avenue and 7800 Bass Lake Road. Access to the properties will be facilitated by the City after bid award. Bid award is currently scheduled for the City Council meeting of July 26 2004; the successful bidder will be notified immediately thereafter. The scope of work described in this Request For Bid is contingent on pending approval by MPCA. Should the work scope require minor changes as a result of MPCA review and approval, the City will revise the agreement with the selected contractor prior to their beginning the work. The Excavation Contractor shall perform the work during the month of August 2004, with the exact dates determined between the City and the selected contractor. All work shall be completed no later than August 31, 2004 unless the City extends this date. Liquidated damages shall be paid in the amount of $100.00 per day beyond the specified completion date. The undersigned, being familiar with the subject site and local conditions, having studied the attached description of work, hereby proposes to furnish all labor, tools, materials, skills, equipment, and all else necessary to complete the project in accordance with the attached description of work. All work will be governed by the AGREEMENT for Excavation Services. Bidder Name: [Scamp. &c.AwR77.,ie, Add ress: T2Z _ Printed Name & Title: ?on & ENSnN Date: J�.� �., Z0, Z oe) Authorized Signature: .( Phone Number: Prepared By: "i Checked By: Page A3 of A3 Exhibit B Project Information and Technical Specifications w The Excavation Contractor shall provide all equipment, supplies, material, and personnel necessary to perform excavation, soil disposal, and sanitary sewer abandonment in the approximate amounts and at the approximate location(s) as indicated in Exhibit A. 2. PROJECT LOCATION All excavation work will be performed at 5550 Winnetka Avenue (formerly a Unocal retail gasoline station) and 7809 Bass Lake Road (formerly an eye clinic). Both properties are owned by the City of New Hope, and are shown on the site location map in Exhibit D. Sanitary sewer bulkhead work will be performed at a manhole on the northeast corner of the intersection of Winnetka Avenue and Bass Lake Road (shown on the sanitary sewer map in Exhibit E). KI W e l l -. There are four primary project objectives: A. Excavation of petroleum- contaminated soil; B. Trucking and disposal of contaminated soil at MPCA - approved landfill; C. Backfill of excavated area with select granular borrow; and ; D. Abandonment of existing sanitary sewer line. These tasks are discussed in more detail in the sections below. Bids are due at 5:00 p.m. on July 20 2004. The Excavation Contractor shall perform the work during the month of August 2004, with the exact dates determined between the City and the selected contractor. All work shall be completed no later than August 31, 2004 unless the City extends this date. The 5550 Winnetka property is currently vacant, but previously was occupied by a Unocal gasoline service station. The Unocal station was built in 1959 and demolished in 1975. In 1975, a retail donut business was constructed at the site, which was used as a Winchell's Donuts and subsequently Bosa Donuts. The building was demolished in 2000 after the City of New Hope acquired the site. In 1988, an environmental reconnaissance subsurface investigation was performed as part of a proposed property sale, and subsurface soil contamination was identified and reported to MPCA (MPCA LEAK00000538). Unocal Corporation was identified as the responsible party, who subsequently arranged for a more detailed subsurface investigation in 1989. The results of the 1989 investigation concluded that no corrective actions were warranted, and MPCA concurred by Robyn Livermore of MPCA issuing a "no further action" letter in June of 1990. A May 2004 subsurface investigation showed that petroleum contamination remains at the site, and the investigation further defined its lateral and vertical extent. In general, petroleum contamination exists in the area of the former underground storage tanks and fuel dispensing islands, but does not extend significantly to the south of these areas. Petroleum contamination also extends slightly onto the northwest corner of the adjacent property to the east (7809 Bass Lake Road). Although not specifically targeted for drilling, petroleum contamination likely extends to the north under Bass Lake Road near the northeast portion of the 5550 Winnetka property and also possibly adjacent to the 7809 Bass Lake Road property as well. The known subsurface extent of petroleum- contaminated soils is shown on the figure in Exhibit F, and known contaminant types and concentrations are also listed in this exhibit. The 5550 Winnetka parcel is vacant, and is currently a grassed area bordered on the west and north by concrete sidewalks. Existing utilities and infrastructure are shown on the drawing in Exhibit G. The 7809 Bass Lake Road parcel contains a one -story building formerly used as an eye clinic, and has a bituminous parking lot between the north side of the building and the sidewalk adjacent to Bass Lake Road. An area of small trees exists near the northern portion of the west boundary of the property. Hennepin County Highway right -of -way extends onto both sites south of Bass Lake Road; the City of New Hope will coordinate with Hennepin County to determine the nature and extent of excavation allowed by Hennepin County in their right -of -way and communicate this information to the selected excavation contractor. The City will also obtain the necessary Hennepin County permit for construction in the right -of -way on behalf of the excavation contractor. Page B2 of B5 The excavation work will be to remove subsurface petroleum- contaminated soils at both the 5550 Winnetka and 7809 Bass Lake Road parcels. Known contamination exist at depths generally from 5 feet below grade to approximately 20 -25 feet below grade. The subsurface distribution of contaminated soils is not uniform in depth, geographic area, or concentration; excavation will proceed under the direction of an on -site Braun Intertec environmental field technician who will periodically take samples to evaluate the presence or absence of contamination. The Braun Intertec field technician will also assist the excavation contractor in placing excavated soils into temporary, on -site contaminated and non - contaminated soil stockpiles. On -site contaminated stockpiles must be covered and contained by the excavation contractor according to MPCA requirements until the soils are removed from the site for disposal. Although ground water is known to be approximately 60 feet below grade, some sandy soils may be somewhat wet when excavated. The excavation contractor shall take measures to see that water in such saturated soils is appropriately contained. It is possible that there may be buried subsurface foundations or other obstructions. Should these be encountered during excavation, they must be removed to allow the contaminated soils excavation to proceed, and set aside. Should these obstructions be encountered, the City will arrange a separate pay item with the excavation contractor for their removal and disposal. It is believed that all USTs located at the 5550 Winnetka property have been removed. However, it is not unusual that a former service station site holds buried USTs that are unknown. Accordingly, excavation in the areas of the site where former USTs were located will proceed cautiously. If a metal surface indicating the presence of a tank(s) is encountered, the area around the tank(s) will be carefully excavated. The tank(s) will then be inspected by the excavation contractor to evaluate the presence of liquid product in the tank(s). If product is present, the excavation contractor will remove it by pumping prior to removal, and dispose of the tank(s) in accordance with MPCA requirements. Should any buried tanks be encountered, the City will arrange a separate pay item with the excavation contractor for their removal and disposal. Organic topsoil is to be removed in areas to be excavated, stockpiled, and respread after backfilling. The excavation contractor will be responsible for loading and trucking of all contaminated soils, under appropriate state and federal requirements, to an MPCA - approved disposal site. •.•- : • The excavation contractor will be responsible for arranging disposal of all petroleum - contaminated soils at an MPCA- approved disposal site. Given current pricing, it is here assumed that the soils will be disposed of at a metro -area landfill, but the contractor may choose other MPCA- approved alternatives if desired. The excavation contractor will provide the details of the disposal method to the City prior to contract award for the City to approve the disposal method and location. • All areas excavated for removal of contaminated soils will be backfilled by the excavation contractor with select granular borrow (Mn /DOT Grading and Base Specification 3149). Costs for this backfill material, trucking to the site, and placement are also the responsibility of the excavation contractor. Placed backfill shall be compacted to 98% Proctor density, and a Braun Intertec geotechnical field technician will check densities periodically. Backfilled material shall be placed to an elevation to generally restore the original grade, upon which the segregated topsoil will be respread and leveled. An existing buried sanitary sewer is to be abandoned as a part of the project, and the locations of the sewer line and manholes are shown on the figure in Exhibit E. The buried sewer is constructed of 9" vitrified clay pipe. It is likely that this sewer pipe will be encountered during excavation of contaminated soils, where it will need to be removed to allow the excavation to proceed. Disposal of any removed sewer pipe will be considered incidental to the project and will not be a pay item. After the excavation is completed, the remainder of the sanitary sewer will be filled with sand by the excavation contractor using conventional sewer abandonment techniques. Also, the top four feet of three manholes will be removed and disposed of by the excavation contractor, and the openings backfilled with on -site, uncontaminated soil and compacted as described above. These costs are to be included in the sanitary sewer pay item. The sewer line at manhole 102 will be bulkheaded by the excavation contractor, using conventional sewer abandonment techniques, and these costs are to be included in the sanitary sewer pay item. The Owner or Owner's Consultant shall provide the necessary rights-of-entry to the site. Where special conditions are specified in connection with rights-of-entry, the Owner or the Owner's Consultant will inform the Excavation Contractor so that the Excavation Contractor may meet these conditions. 13. INSPECTION BY OWNER All work on site shall be performed only in the presence of an authorized representative of the Owner's Consultant unless otherwise instructed by the Owners Consultant. DIVE Former Bosa Donuts Site 5550 Winnetka Avenue North New Hope, Minnesota Prepared for Project CNH 113 June 8, 2004 Diversified Environmental, Inc. 3620 Edward St. NE St. Anthony, MN 55418 Phone/Fax: (612) 789-6136 Email: djb@highstream.net Mr. Kirk McDonald Director of Community Development City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: Subsurface Investigation Report, Former Bosa Donuts Site, City of New Hope, Minnesota Diversified Environmental, Inc, has completed the subsurface investigation work at the former Bosa Donuts site in accordance with the work plan and cost estimate previously approved by the City of New Hope. A copy of the subsurface investigation report is enclosed for your review and files. If you have any questions, or wish additional information, please contact me at your convenience. We appreciate the opportunity to be of continued service to the City of New Hope. Cc: Steve Sondrall, Jensen and Sondrall Vince Vander Top, Bonestroo Mark Sonstegard, Ryland Homes Gay Greiter, Krass Monroe Table of Contents ExecutiveSummary... .......................................................................... 1 A. Introduction ....................................................... ..............................3 A.1 Purpose of Investigation ......................... ..............................3 A.2 Scope of Services... . - . - . - . ........................................ ............ 3 A.3 Limitations ........................................... ..............................3 B. Site History and Previous Investigations .................. ..............................4 B.1 Site History .......................................... ..............................4 B.2 Soil and Foundation Investigation, Subterranean Engineering, February, 1975 ......................................................... .......... 4 B.3 Preliminary Environmental Reconnaissance Report, STS Consultants, April 26, 1988 ................................... ................ 4 B.4 Site Exploration Report, STS Consultants, July 31, 1989 .............5 B.5 Phase 1 Environmental Site Assessment Report, Braun Intertec, January, 2004 ........... ........................................ .................. 5 C. Current Subsurface Investigation... .................... ....... ......................... 5 C.1 Methodology ........................................ ..............................5 C.2 Location of Boreholes ............................ ..............................6 C.3 Field Observations During Drilling of Boreholes .........................6 CA Samples Taken for Chemical Analysis ....... ..............................7 C.5 Results of Chemical Analyses .................. ..............................7 D. Findings... ... . ................. .......... ....... -- ...... .................................... 8 E. Conclusions and Recommendations... ............. ........................... 8 1. Site Location Map 2. Location of Previous and Current Borings 3. Approximate Areal Limits of Contamination 5. Chemical Analytical Reports and Chain of Custody Executive Summary Diversified Environmental, Inc. has performed a subsurface investigation at the former Bosa Donuts site at 5550 Winnetka Avenue North in the City of New Hope. The investigation was performed in accordance with the scope of services and cost estimate submitted to the City on April 21, 2004 and approved by the City Council on April 26, 2004. The work was deemed necessary as part of efforts to prepare the site for sale by the City to Ryland Homes, who plans to build residential housing on a portion of the 5550 Winnetka property. The scope of work was generally to determine the lateral and vertical extent of petroleum contamination at the property, and to determine whether the adjacent property to the east had been impacted by the same contamination. Also, limited testing was performed to determine whether contaminants other than petroleum had been released at the site. A total of 11 borings were performed by Matrix Environmental to depths of 20 feet below grade (fbg) on May 10 and 11 2004, and a field technician from Braun Intertec oversaw drilling operations. The results of the subsurface investigation showed that petroleum contamination remains at the site, and the investigation further defined its lateral and vertical extent. In general, petroleum contamination exists in the area of the former underground storage tanks and fuel dispensing islands, but does not extend significantly to the south of these areas. Petroleum contamination also extends slightly onto the northwest corner of the adjacent property to the east (7809 Bass Lake Road). Although not specifically targeted for drilling, petroleum contamination likely extends to the north under Bass Lake Road near the northeast portion of the 5550 Winnetka property and also possibly adjacent to the 7809 Bass Lake Road property as well. No field evidence was observed of any contamination related to fuel oil and used oil tanks formerly present at the site, which was confirmed by chemical analyses of samples taken in this area. This confirmation of the absence of non - petroleum contamination is significant for the planned soil removal and disposal, for which Minnesota Pollution Control Agency (MPCA) approval will be necessary. It is significant because MPCA approval of only petroleum- contaminated soil removal and disposal is much less complex, and soil disposal costs are significantly less than for soils contaminated with non - petroleum compounds (e.g. solvents and /or heavy metals). Chemical analyses show soil petroleum contamination levels ranging from 50 to 400 parts per million Gasoline Range Organics (GRO), with lesser levels of Diesel Range Organics (DRO) and BTEX (benzene, ethyl benzene, xylene and toluene) compounds. All petroleum contaminants are consistent with previous investigation results. No elevated total RCRA metals were found near the former used oil tank, nor were elevated total lead levels found near the former petroleum tanks. 0 No significant subsurface ground water was encountered during the investigation, as nine of the eleven borings showed no saturated conditions to their total depth. Two borings (DEI -5 and DEI- 10) showed saturated conditions in small sand seams generally between 12 and 18 feet below grade, but these saturated conditions are not thought to represent any significant ground water resource in the area, nor are they expected to pose any significant obstacle to future soil excavation and disposal. Also, there was no evidence of any petroleum soil contamination through the entire depth of either of these borings. Based on the results of this subsurface investigation, we recommend that the City proceed with its current plans for site remediation of these two properties for later sale to Ryland Homes for their planned redevelopment. 2 A. Introduction A.1 Purpose of Investigation The subsurface investigation was performed for three primary reasons: 1. To better determine the extent of petroleum contamination at the 5550 Winnetka property in preparation for future excavation and soil removal activities; 2. To determine whether or not petroleum contamination had migrated onto the 7809 Bass Lake Road property; and 3. To investigate/verify the absence of non-petroleum contaminants at the site. None of the previous investigations performed was designed to or had specifically addressed these issues. A.2 Scope of Services The planned scope of services to address the issues listed above was: 1. Subsurface Sampling: Continuous subsurface sampling to be performed with a GeoProbe drill, that will drill and sample approximately 12 holes to depths of approximately 20 feet below grade; 2. On-site Sample Monitoring and Collection: An experienced field technician from Braun Intertec to be on-site during drilling and sampling operations to oversee the drilling, collect and record samples collected, prepare drilling logs of subsurface materials encountered, perform field testing of the samples for the presence of contamination, and collect samples for off-site chemical analysis 3. Off-site Chemical Analysis: MPCA policies require that off-site (laboratory) chemical analysis be performed on at least a portion of the samples collected. Rather than arrange both an on-site mobile laboratory and perform off -site chemical analysis, all chemical analyses will be performed off-site to minimize costs. Approximately 13 soil samples for a variety of chemical parameters necessary to characterize subsurface contamination, as well as to provide documentation related to disposal or soils removed from the site at a later time; and 4. Preparation of Subsurface Investigation Report: Diversified Environmental to prepare a report summarizing work performed, results, and implications for site clean-up to prepare the site for conveyance to the Ryland Group. This scope of services was presented to the City of New Hope on April 21, 2004, and approved by the City Council on April 26 th 2004. A.3 Limitations The results of this study are based upon the professional interpretation of information available to Diversified Environmental during the budget constraints of this investigation. Diversified Environmental does not warrant that this report represents an exhaustive study of all possible environmental concerns at the 3 property. The items investigated as part of this study represent the most likely sources of environmental concern, and are consequently believed to address the City's needs at this time. B. Site History and Previous Investigations B.1 Site History The 5550 Winnetka property is currently vacant, but previously was occupied by a Unocal gasoline service station. The Unocal station was built in 1959 and demolished in 1975. In 1975, a retail donut business was constructed at the site, which was used as a Winchell's Donuts and subsequently Bosa Donuts. The building was demolished in 2000 after the City of New Hope acquired the site. In 1988, an environmental reconnaissance subsurface investigation was performed as part of a proposed property sale, and subsurface soil contamination was identified and reported to MPCA (MPCA LEAK00000538). Unocal Corporation was identified as the responsible party, who subsequently arranged for a more detailed subsurface investigation in 1989. The results of the 1989 investigation concluded that no corrective actions were warranted, and MPCA concurred by Robyn Livermore of MPCA issuing a "no further action" letter in June of 1990. B.2 Soil and Foundation Investigation, Subterranean Engineering, February 1975 Subterranean Engineering performed a geotechnical investigation at the 5550 Winnetka site in January 1975 for Winchell's Donuts to evaluate soil and ground water conditions at the property to make recommendations for future construction of a donut retail store. A total of 4 geotechnical hollow-stem auger borings were performed up to 20 feet below grade. No ground water was noted, nor was evidence of subsurface contamination noted (geotechnical investigations of that time did not routinely note contamination even if it was encountered). B.3 Preliminary Environmental Reconnaissance Report, STS Consultants, April 26, 1988 STS Consultants performed a subsurface environmental reconnaissance at the 5550 Winnetka property in April 1988 in association with a potential sale of the property. The purpose of the investigation was to determine whether previous retail gasoline station operations had impacted subsurface soils at the site. A total of nine borings to depths of 11 to 16 feet below grade were performed (using solid-stem augers and split-spoon samplers), and a magnetometer survey was completed. No ground water was reportedly encountered in any of the borings, and the magnetometer survey did not reveal any anomalies that suggested the presence of buried underground tanks. The presence of subsurface organic contamination, by use of a photoionization detector (PID), was noted in six of the nine borings (at depths ranging from 0 to 10 feet below grade), which were M generally located in the northern and eastern portion of the site. Observed PID readings ranged from 1 ppm to 300 ppm no soil samples were taken for chemical analysis. B.4 Site Exploration Report, STS Consultants, July 31, 1989 STS Consultants performed a subsurface site exploration at the 5550 Winnetka property in June 1989 for Unocal Corporation, as a response to the Minnesota Pollution Control Agency request that the contamination be investigated. A total of five hollow-stem auger borings, located generally at the perimeter of the property, were performed to depths from 16.5 to 71 feet below grade. Two of the five borings exhibited evidence of petroleum contamination, which was reported to be generally restricted to the upper 25 feet of subsurface soils. Ground water was observed at a depth of 62.5 feet below grade, but which did not exhibit any observable presence of contamination. Chemical analyses of three soils samples indicated the presence of gasoline contamination in relatively low concentrations. MTBE and lead were also sampled, with the results showing less than detection levels for MTBE and relatively low levels for lead. Ground-penetrating radar and magnetometer surveys were also performed; neither of which indicated the presence of buried tanks at the property. B.5 Phase 1 Environmental Site Assessment Report, Braun Intertec, January 2004 Braun Intertec performed a Phase 1 Site Environmental Assessment for Ryland Homes of a group of 34 properties in the area, which also included the 5550 Winnetka property. Results of the assessment showed no recognized environmental conditions except for the recorded presence of petroleum contamination at the 5550 Winnetka property. C. Current Subsurface Investigation C.1 Methodology A total of twelve subsurface borings were planned to be performed, which are shown on the Site Location Map in Appendix A. Eleven w * ere actually drilled (DEI-1 through DEI-11); DEI-12 was not drilled due to the absence of contamination in two nearby borings (DEI-1 0 and DEI-1 1). All borings were taken by Matrix Environmental, LLC using a truck-mounted GeoProbe. Continuous samples were taken to a nominal depth of twenty feet below grade in four-foot intervals, and samples were collected in disposable plastic liners. All downhole drilling tools were cleaned by washing with trisodium phosphate and water prior to use and between each boring, and each boring was grouted closed with cement after completion. After each four-foot sample liner was removed from the hole, the liner was slit open, and the field technician examined each sample. A subsurface materials log was maintained for each sample from each boring, which noted color, soil 1.1 type, staining, incidental odors, indications of fill, and general moisture content. A portion of each sample was placed in a sealed plastic bag, and set aside for approximately 30 minutes. After this time, a PID (Thermo Model B with a 10.7 eV lamp, calibrated at least daily to an isobutylene standard) was inserted into the bag, and the maximum PID reading, in parts per million, was recorded on the log. Based on observed PID readings, a soil sample from each boring was selected for chemical analysis. Where elevated PID readings were observed, this sample was selected from the interval showing the highest PID readings, to be used later for waste characterization evaluation. In borings where no elevated PID readings were observed, the sample was selected from the bottom of the hole to document the absence of contamination at that location. Soil samples were collected and preserved according to EPA and MPCA chemical sampling protocols, and transported under Braun Intertec Chain of Custody to the Braun Intertec laboratory. All samples were run within EPA holding times, and according to EPA analytical protocols. C.2 Location of Boreholes The twelve boreholes originally planned to be drilled were sited primarily to provide additional detail on the lateral and vertical extent of petroleum contamination. Boring locations DEI-2 through DEI-12 were sited for this purpose, and PID readings and chemical samples taken from each borehole provided documentation for the presence or absence of petroleum contamination in these areas. Boring DEI-12 was not performed due to the absence of evidence of contamination in borings DEI -10 and DEI -11. Boring location DEI-1 was also used to document the extent of petroleum contamination, but was additionally used to determine whether there had been a historic release of non- gasoline contaminants (e.g. solvents and metals) from the underground fuel oil and used oil tanks previously at this location on the property. Previous investigations had not performed any drilling in this area, nor had any soil chemistry been evaluated at the site for these contaminants. C.3 Field Observations During Drilling of Boreholes As can be seen from the borehole logs in Appendix C, no visible or PID evidence of petroleum contamination was observed in boreholes DEI-1, DEI-2, DEI-3, DEI- 4, DEI-5, DEI-9, DEI -10 and DEI -11. Boreholes DEI-6, DEI-7, and DEI-8 showed elevated PID readings indicating petroleum contamination, as well as visible staining. Non-native fill material was observed to depths of 10 feet in boring DEI-1 and to six feet in DEI-5. All other borings generally encountered a thin layer of topsoil (less than 1 foot thick), overlying yellow-brown sandy clay with variable but thin (1-2 feet) interbeds of yellow-brown sand and silty sand to the total depth of all borings. As noted above, two borings (DEI -5 and DEI- 10) showed saturated conditions in small sand seams generally between 12 and 18 feet below grade, but these A saturated conditions are not thought to represent any significant ground water resource in the area, nor are they expected to pose any significant obstacle to future soil excavation and disposal. Also, there was no evidence of any petroleum soil contamination through the entire depth of either of these borings. C.4 Samples Taken for Chemical Analysis As noted above, at least one soil sample from each boring was taken for chemical analysis. GRO, DRO and BETX analyses were performed on samples from all boreholes, Volatile Organic Compounds (VOCs), Total Petroleum Hydrocarbons (TPH) as fuel oil, and total RCRA metals were also run on a sample from Boring DEI-1. Additionally, total lead levels were measured from boring DEI-7. Depth intervals for samples selected for analysis are shown in the boring logs in Appendix 4. In borings where contamination was noted, samples were taken from depths showing the highest field PID readings. Where no contamination was evident from field observations, samples were taken from the bottom of the borehole. C.5 Results of Chemical Analyses Details of the laboratory results from the chemical analyses are shown in Appendix 5. Results from samples taken from boreholes DEI-1, DEI-2, DEI-3, DEI-4, DEI-5, DEI-9, DEI-10 and DEI-1 1 showed no evidence of GRO, DRO, BTEX, VOC or RCRA metal contamination. Results from boreholes DEI-6, DEI- 7, and DEI-8 are shown in the table below: All cnemical results are shown in parts per million These results are consistent with the site history of the property, as well as previous investigation results and field observations made during the current investigation. 0 0.69 2.4 MCI 0-058 All cnemical results are shown in parts per million These results are consistent with the site history of the property, as well as previous investigation results and field observations made during the current investigation. 0 D. Findings The findings of this subsurface investigation are as follows: 1. All organic compound contamination observed appears consistent with a release of petroleum used as fuels (gasoline and diesel fuel) from previous retail service station operations; 2. Petroleum contamination remains in the subsurface of the 5550 Winnetka property, and is seen to be concentrated at depths of 5 to 15 feet below grade; 3. Petroleum contamination appears to have migrated into the subsurface soils in the northwest portion of the 7809 Bass Lake Road property 4. Petroleum contamination appears to be relatively limited to the areas of the former underground tank basin and associated fuel dispensing islands; 5. No evidence of volatile organic compounds, fuel oil contamination, or elevated RCRA metals exists in the area of the former underground fuel oil and used oil tanks; and 6. Very limited and shallow ground water does not appear to have been impacted by petroleum contamination. Although not specifically targeted as a part of this investigation, it is also likely that petroleum contamination also may exist under portions of Bass Lake Road. E. Conclusions and Recommendations The subsurface investigation has better documented the lateral and vertical extent of petroleum contamination at the 5550 Winnetka and 7809 Bass Lake Road properties, and has also documented the absence of volatile organic compounds and elevated levels of Resource Conservation and Recovery Act (RCRA) metal contaminants. This information will be used to prepare a Development Response Action Plan (DRAP) for review and approval by the MPCA Voluntary Petroleum Investigation and Cleanup (VPIC) program. Based on the results of this subsurface investigation, we recommend that the City proceed with its current plans for site remediation of these two properties for later sale to Ryland Homes for their planned redevelopment. P*. IT 0 4u LU C-2 CO ---- -- ---- LU CD P uj L A A/i a nN:3/-v VNi3NNIM �7 i I i I � _ Oz c a w v - r' CL _ , co 0 w [�. .� N !1 !� CO r. tip,)` w�� �I►/ co Lu _ ,_ 0 1 - 6d"d E ...... U) C c® Cad e s LO I j r J flG OQ m I I m co I m ) fact' 0 z O F v O -- OZ ®' O p ui v O: WO! co _z J t—: = _ O w' � m 0 , { I ( .l Ual �' `^ LU 01 O m t E � 1 o LU UJ m ( co IN OHO O O OM ENVIRONMENTAL, DIVERSIFIED INC. Log of Boring Client Name: City of New Hope Borehole Number: DEI -1 Site: Bosa Donuts Field Technician: Randy Peterson Driller: Matrix Environmental Date: 5/10/04 Drilling Method: Geoprobe Weather: 60 -70, partly cloudy, 10 -15 mph N. wind Depth Interval (ft.) Description PID Reading Sample Moisture Chemical Sample? 0 -2 Very dark gray -brown organic silty sand 0.0 moist no over dark yellow silty sand 2 -4 Dark yellowish brownsilty sand with a little 0.0 moist no gravel and styrofoam 4 -8 Dark yellow brown silty sand with some 0.0 moist no clay; piece of concrete 8 -10 Dark yellow brown silty sand with some 0.0 moist no clay; piece of concrete, styrofoam 10 -12 Dark yellow silty sand with clay 0.0 moist no 12 -14 Dark yellow brown clay with sand 0.0 moist yes 14 -16 Dark yellow brown clay with sand 0.0 moist no 16 -19 Dark yellow brown clay with sand 0.0 moist no Notes: No odors or staining observed. Soil sample taken and run for GRO, DRO, BETX, TPH as fuel oil, RCRA metals (total),and VOCs. ENVIRONMENTAL, • Log of Boring Client Name: City of New Hope Borehole Number: DEI -2 Site: Bosa Donuts Field Technician: Randy Peterson Driller: Matrix Environmental Date: 5/10/04 Drilling Method: Geoprobe Weather: 60 -70, partly cloudy, 10 -15 mph N. wind Depth Interval (ft.) Description PID Reading Sample Moisture Chemical Sample? 0 -2 Very dark grayish brown silty sand (organic 0.0 moist no topsoil) over dark yellow brown silty sand with gravel 2 -4 Dark yellow brown silty sand with clay and 0.0 moist no some gravel 4 -5 Dark yellow brown silty sand with clay, 0.0 moist no sand seam about 0.5 ft. thick 5 -6 Dark yellow brown silty sand with clay 0.0 moist no 6 -8 Dark yellow brown silty sand with clay 0.0 moist no 8 -10 Dark yellow brown silty sand with clay 0.0 moist no 10 -12 Dark yellow brown silty sand with clay, 0.0 moist no with gravelly silty sand seam 12 -16 Dark yellow brown silty sand with clay, 0.0 moist no two sand and sand /gravel seams about 13 -14.5 feet 0.0 moist no 16 -19 Dark yellow brown clay with sand, a little 0.0 moist yes gravel Notes: No odors or staining observed. Soil sample taken and run for GRO, DRO and B ETX. DIVERWIED ® INC. Log of Boring Client Name: City of New Hope Borehole Number: DEI -3 Site: Bosa Donuts Field Technician: Randy Peterson Driller: Matrix Environmental Date: 5/10/04 Drilling Method: Geoprobe Weather: 60 -70, partly cloudy, 10 -15 mph N. wind Depth Interval (ft.) Description PID Reading Sample Moisture Chemical Sample? 0 -2 Very dark gray brown silty sand (organic 0.0 moist no topsoil) over yellow brown to very dark yellow brown silty sand and silty sand with clay 2 -4 Dark yellow brown silty sand with clay; 0.0 moist no sand at 3 -3.5 depth 4 -6 Dark yellow brown silty sand with clay 0.0 moist no 6 -8 Dark yellow brown and grayish silty sand 0.0 moist no with clay 8 -12 Dark yellow brown clay with sand 0.0 moist no 12 -14 Dark yellow brown clay with sand 0.0 moist no 14 -16 Dark yellow brown clay with sand 0.0 moist no 16 -19 Dark yellow brown clay with sand to 0.0 moist yes dark grayish clay with sand Notes: No odors or staining observed. Soil sample taken and run for GRO, DRO and BETX. DIVER$IFIED ENVIRONMENTAL, . Log of Boring Client Name: City of New Hope Borehole Number: DEI -4 Site: Bosa Donuts Field Technician: Randy Peterson Driller: Matrix Environmental Date: 5/10/04 Drilling Method: Geoprobe Weather: 60 -70, partly cloudy, 10 -15 mph N. wind Depth Interval (ft.) Description PID Reading Sample Moisture Chemical Sample? 0 -2 Very dark grayish brown silty sand (organic 0.0 moist no topsoil) over dark yellow brown silty sand with clay 2 -4 Dark yellow brown silty sand with clay 0.0 moist no 4 -8 Dark yellow brown silty sand with clay 0.0 moist no 8 -12 Dark yellow brown clay with sand 0.0 moist no 12 -14 Dark yellow brown clay with sand 0.0 moist no 14 -16 Dark yellow brown clay with sand; rock 0.0 moist no at end of liner 16 -18 Dark yellow brown clay with sand; getting 0.0 moist yes refusal (likely stiffer clay) Notes: No odors or staining observed. Soil sample taken and run for GRO, DRO and B ETX. DIVERSIFIED ENVIRONMENTAL, . Log of Boring Client Name: City of New Hope Borehole Number: DEI -5 Site: Bosa Donuts Field Technician: Randy Peterson Driller: Matrix Environmental Date: 5/10/04 Drilling Method: Geoprobe Weather: 60 -70, partly cloudy, 10 -15 mph N. wind Depth Interval (ft.) Description PID Reading Sample Moisture Chemical Sample? 0 -2 Topsoil over very dark yellow brown silty 0.0 moist no sand 2 -4 Very dark yellow brown silty sand; a few 5.8 moist no pieces of black granular material with odor (likely crushed bituminous) 4 -6 Very dark yellow brown silty sand 0.0 moist no 6 -8 Dark yellow brown silty sand with some 0.0 moist no clay 8 -10 Dark yellow brown clay with sand 0.0 moist no 10 -12 Dark yellow brown clay with sand; snad 0.0 moist no seam from 11.5 -12 12.5 -13.5 Dark yellow brown sand 0.0 wet no 115 -16 Dark yellow brown clay with sand 0.0 moist no 16 -18 Dark yellow brown sand 0.0 wet no 18 -20 Dark yellow brown clay with sand 0.0 moist yes Notes: No odors or staining observed. Soil sample taken and run for GRO, DRO and BETX. ® . Log of Boring Client Name: City of New Hope Borehole Number:DEI -6 Site: Bosa Donuts Field Technician: Randy Peterson Driller: Matrix Environmental Date: 5/10/04 Drilling Method: Geoprobe Weather: 60 -70, partly cloudy, 10 -15 mph N. wind Depth Interval (ft.) Description PID Reading Sample Moisture Chemical Sample? 0 -2 Topsoil over dark yellow brown silty sand 0.0 moist no 2 -2.5 Very dark yellow brown silty sand 0.0 moist no 2.5 -4 Dark yellow brown silty sand with clay 0.0 moist no 4 -6 Dark yellow brown silty sand with a little 0.0 moist no clay 6 -8 Dark yellow brown silty sand with a little 0.0 moist no clay 8 -10 Dark yellow brown clay with sand 0.0 moist no 10 -11 Dark yellow brown clay with sand, sand 26 moist no seam at 10 feet 11 -12 Gray silty sand with clay, stained, odor 500+ moist yes 12 -13 Gray stained yellow brown clay with sand 393 moist no 13 -14.5 Gray stained yellow brown clay with sand 377 moist no 14.5 -16 Dark yellow brown clay with sand and 180 moist no some gravel 17 -18 Dark yellow brown clay with sand and 9.5 moist no some gravel 19 -20 Dark yellow brown clay with sand and 2.3 moist no some gravel Notes: Petroleum odors and soil staining noted. Soil sample taken and run for GRO, DRO and BETX. DIVERSIFIED ENVIRONMENTAL, . Log of Boring Client Name: City of New Hope Borehole Number: DEI -7 Site: Bosa Donuts Field Technician: Randy Peterson Driller: Matrix Environmental Date: 5/11/04 Drilling Method: Geoprobe Weather: 54 -75, partly cloudy, 15 -25 mph E /SE wind Depth Interval (ft.) Description PID Reading Sample Moisture Chemical Sample? 0 -0.5 Topsoil 0.5 -2 Dark yellow brown silty sand with clay 6.7 moist no 2 -3.5 Dark yellow brown silty sand with clay, odor 3.5 -4 Gray stained silty sand with clay, odor 99 moist no 4 -6 Gray stained dark yellow brown silty sand 447 moist no with clay, odor 6 -8 Gray stained dark yellow brown silty sand 390 moist no with clay, odor 8 -10 Gray stained dark yellow brown silty sand 469 moist yes with clay, odor 10 -12 Gray stained dark yellow brown clay with 418 moist no sand, odor 12 -14 Partially gray stained dark yellow brown 324 moist no clay with sand, odor 14 -16 Dark yellow brown clay with sand, odor 132 moist no 16 -18 Dark yellow brown clay with sand, odor 54 moist no 18 -20 Dark yellow brown clay with sand, odor 21 moist no Notes: Petroleum odors and soil staining noted. Soil sample taken and run for GRO, DRO BETX and total lead. ENVIRONMENTAL, DPIVERSIFIED INC. Log of Boring Client Name: City of New Hope Borehole Number: DEI -8 Site: Bosa Donuts Field Technician: Randy Peterson Driller: Matrix Environmental Date: 5/11/04 Drilling Method: Geoprobe Weather: 54 -75, partly cloudy, 15 -25 mph E /SE wind Depth Interval (ft.) Description PID Reading Sample Moisture Chemical Sample? 0 -2 Topsoil (2 ") over very dark yellow brown 0.0 moist no silty sand with clay 2 -4 Dark yellow brown silty sand with clay 0.0 moist no 4 -6.5 Dark yellow brown silty sand with clay 0.0 moist no 6.5 -8 Dark yellow brown clay with sand 0.0 moist no 8 -10.5 Dark yellow brown clay with sand 0.0 moist no 10.5 -12 Gray stained clay with sand, odor 256 moist yes 12 -14 Gray stained clay with sand, odor 18.1 moist no 14 -16 Gray stained dark yellow brown clay with 11.9 moist no sand and a little gravel 16 -18 Dark yellow brown clay with sand, fairly 0.0 moist no hard clay 18 -20 Dark yellow brown clay with sand, fairly 0.0 moist no hard clay Notes: Petroleum odors and soil staining noted. Soil sample taken and run for GRO, DRO and BETX. ff"'IVERSIFIED ENVIRONMENTAL, . Log of Boring Client Name: City of New Hope Borehole Number: DEI -9 Site: Bosa Donuts Field Technician: Randy Peterson Driller: Matrix Environmental Date: 5/11/04 Drilling Method: Geoprobe Weather: 54 -75, partly cloudy, 15 -25 mph E /SE wind Depth Interval (ft.) Description PID Reading Sample Moisture Chemical Sample? 0 -2 Dark yellow brown silty sand with clay 0.0 moist no 2 -4 Dark yellow brown silty sand with clay 0.0 moist no 4 -6 Dark yellow brown silty sand with clay 0.0 moist no 6 -8 Dark yellow brown silty sand with clay 0.0 moist no 8 -10 Dark yellow brown silty sand with clay, 0.0 moist no thin crushed zone of bituminous (fill or carried down ?) 10 -12 Dark yellow brown clay with sand 0.0 moist no 12 -16 Primarily soil carried down, including 0.0 moist no bituminous; upper 2 feet in tube is wet but not in soil matrix; at least one foot of it is carrydown 16 -17 Dark yellow brown clay with sand 0.0 moist no 17 -18 Dark yellow brown clay with sand 0.0 moist yes Notes: No odors or staining observed. Soil sample taken and run for GRO, DRO and BETX. ® INC. Log of Boring Client Name: City of New Hope Borehole Number: DEI -10 Site: Bosa Donuts Field Technician: Randy Peterson Driller: Matrix Environmental Date: 5/11/04 Drilling Method: Geoprobe Weather: 54 -75, partly cloudy, 15 -25 mph E /SE wind Depth Interval (ft.) Description PID Reading Sample Moisture Chemical Sample? 0 -3 Dark yellow brown silty sand with clay 0.0 moist no 3 -4 Dark yellow brown softer clay with sand 0.0 moist no 4 -6 Dark yellow brown silty sand with clay 0.0 moist no 6 -8 Dark yellow brown silty sand with clay over 0.0 moist no clay with sand 8 -10 Dark yellow brown clay with sand 0.0 moist no 10 -12 Dark yellow brown clay with sand 0.0 moist no 12 -14 Dark yellow brown clay with sand 0.0 moist no 14 Sand seam, yellowish brown, no odor wet no 14 -16 Dark yellow brown clay with sand 0.0 moist no 16 -18.75 Dark yellow brown sand (collapse from 0.0 wet no above?) 18.75 -20 Dark yellow brown clay with sand 0.0 moist yes Notes: No odors or staining observed. Soil sample taken and run for GRO, DRO and B ETX. ® INC. Log of Boring Client Name: City of New Hope Borehole Number: DEI -11 Site: Bosa Donuts Field Technician: Randy Peterson Driller: Matrix Environmental Date: 5/11/04 Drilling Method: Geoprobe Weather: 54 -75, partly cloudy, 15 -25 moh E /SE wind Depth Interval (ft.) Description PID Reading Sample Moisture Chemical Sample? 0 -1.25 Mixed bituminous and topsoil, dark yellow no brown silty sand 1.25 -2 Dark yellow brown silty sand with gravel 0.0 no 2 -4 Dark yellow brown silty sand with clay 0.0 moist no 4 -6 refusal at 5.5 -6, moved 2 feet west and pushed to 4 feet 5 -8 Dark yellow brown softer clay with sand 0.0 moist no 8 -10 Dark yellow brown clay with sand 0.0 moist no 10 -12 Dark yellow brown clay with sand 0.0 moist no 12 -14 Dark yellow brown clay with sand and some 0.0 moist no gravel 14 -16 Dark yellow brown clay with sand and some 0.0 moist no gravel 16 -18 Dark yellow brown clay with sand 0.0 moist no 18 -20 Dark yellow brown clay with sand 0.0 moist yes Notes: No odors or staining observed. Soil sample taken and run for GRO, DRO and BETX. dab Mr. Doug Bergstrom Diversified Environmental, Inc. 3620 Edward St. NE St. Anthony, MN 55418 RE: Former Bosa Donuts Site, New I-lope MN Dear Mr. Doug Bergstrom June 04, 2004 Work Order 4: 0400101 Braun Intertec Corporation received samples for the project identified above on 05f11/04 16:05. Analytical results are summarized in the following report. For an explanation of how the data is presented throughout the report, please refer to the following page. All routine quality assurance procedures Nvsere followed, unless otherwise noted. Analytical results are reported on an "as received" basis unless otherwise noted. Where possible, the samples wil l be retained by the laboratory for 14 days following issuance of the initial final report. The samples will be disposed of or returned at that time. Arrangements can be made for extended storage by contacting me at this time. We appreciate your decision to use Braun Intertec Corporation for this project. We are committed to being your vendor of choice to meet your analytical chemistry needs. If you have any questions please contact me at the above phone number. Sincerely, Thomas P. Wagner Project Manager Providing engineering and environmental solutions since 9957 Certification /Accreditation Numbers Minnesota DepamnentofHealth: 027 - 053 -117 Wi,consinDNR: 999462640 NVLAP: 1021234 -0 AIHA: 101103 Braun Intertec Corporation J Phone: 952.995.2000 11001 Hampshire Avenue S ( Fax: 952 - 995.2020 Minneapolis, MN 55438 Web: brounintertee.com Page 1 of34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anth MN, 5541 PO Number: Account ID: 06/04/04 09:49 1-low to Use this Report In order to get the most out of the information presented in this report please refer to the following explanations as to how the data in this report is tied together and how sane of the terms are defined. Qualifiers and Abbreviations are defined in the following section. You will find these codes used throughout the report in headers and in note sections to designate a unique fact about the data to which they are associated. The Case Narrative gives a "story" about the analksis and results. Here you will find greater elaboration on relevant qualifiers as well as an explanation of anything of particular note in the data. This is a discussion of the data in terms of quality control and chemistry. It is a summary of any deviations that could affect the usefulness of the data. This is not an interpretation as to how this information relates to regulatory compliance. toxicity, or hazardous characterization. These items are beyond the scope of this report. The Sample Summary pros ides detail on sample receipt. The association between Client sample ID and the Laboratory sample ID are defined here: this information is valuable to have when discussing results with ,our project manager. Sample collection and receipt dates and times are providec here as well. General notes regarding the wort: order are also documented here. This is a mini "case narrative" that describes any anomalies regarding the condition of the samples upon arrival to the laboratory or special circumstances regarding the work order. The Conditions Upon Receipt summarizes the results of specific checks that have been performed at sample receipt. This includes items like custody documentation, sample condition_ and temperature at receipt. Each "cooler" is identified and the conditions associated with that cooler are documented. A "cooler" is defined as the larger container used to transport the individual samples. In most cases this is a standard recreational cooler but it can be a box, plastic bag, or other container. The laboratory results are summarized in the following sections Data is broken down into major categories for convenience. An example of such a category would be "Total Petroleum Hydrocarbons. Here cou would find data that references the testing of such parameters as diesel range organics and gasoline range organics. Other categories are similarly mapped. The batch number is associated with each sample. This is important to evaluate Quality Control (QC) data. Surrogate results samples are provided with each sample. Laboratory control limits are provided for comparison (see below). The reference method is also identified. If a method is denoted with an "M" (e.g. EPA 1234(M)) this means that it has been modified. An explanation of the modification will be found in the Case Narrative. A result is given with appropriate units. If a soil sample iE dry- weight corrected then the word "dry" will appear next to the units. If the word "dry"' does not appear then the result is "as receked." The Method Reporting Limit (MRL) is provided. It is important to understand this teen. The MRL is a Level that has been empirically verified to provide reliable quantification of results. Results that are equal to or greater than this value will show up as bolded. They are considered "hits." 11 a result is less than the MRL, the result is given as less than the MRL (e.g. ifthe MRL = 10 then a less than would be given as "< 10"). The Quality Control (QC) samples are documented in the following section. Here you will find the preparation batches associated with each sample from the results section. The sample preparation method is also defined here. Accuracy is represented in terms of a percent recovery as compared to a known value. Precision is represented as a relative percent difference between two duplicate sample aliquots. The laboratory control limits are provided as a means to evaluate the quality control data. If the result falls outside the laboratory control limits this simply means that it is outside what is typical for the laboratory and is noted accordingly. This does not mean that the data is invalid. Laboratory control limits are generally tighter than most program limits. This is a very important distinction. }-low the data is ultimately used determines its validity. Program requirements are defined in the Quality Assurance Project Plan (QAPP) governing the project. If your project manager is aware of your specific program requirements then a note v. ill be made in the case narrative if the data fails to meet any of these requirements. The last section contains copies of important documents and.tor instrument printouts relevant to the report. This includes the chain of custody. It also may include items like chromatograms or spectra. Please note that this report is paginated and must be reproduced in its entirety. EPA Lab ID: MN00063 i'he resula In flits report apo /r only a, the sarnplec cmaluscd in uccurdnaec with the r(urin ofctestndj docurrenl. 1111,, cnralyticed report must he reproduced in it.a entirely. Page 2 of 34 '` 11 11001 Hampshire Ave. S. Bloomington, MN 55438 952 - 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bos,i Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr_ Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: S t. Anthony MN, 55418 PO Number: Acc I 06/04/04 09:49 Qualifiers and Abbreviations hn The sample chromatogram indicates the presence of lower boiling hydrocarbons than expected in the diesel range chromatogram. hj The sample chromatogram indicates the presence of higher boiling hydrocarbons than expected in the gasoline range chromatograrn. COC Chain of Custody dry Sample results reported on a dry weight basis MRL Method Reporting Limit NA Not Applicable ND Analyte NOT DETECTED NR Not Reported %Ree Percent Recovery RPD Relative Percent Difference VOC Volatile Organic Compound EPA Lab ID: MN00063 Y lic resaPs in dNa rcr rt ai, �,'v only to the scrntptes analyzed in ticcordcwce it the drain of custo.lr document. /his anatoical report nmst he reproduced in he enurel Page 3 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anth MN, 55418 PO Number; Account ID: 06/04/04 09:49 Case Narrative EPA Lab ID: MN00063 lire resuks to this report fq only n, the samples analyzed in accordance with the - dram uJ, us/och document. Phis analytical report mial he reproduced to its entire!r. Page 4 of 34 aR 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Cl ient Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number: 05/11 /04 16:05 Account 1D: 06/04/04 09:49 SAMPLE SUMMARY EPA Lab ID: MN00063 7hc results n this)-el ri (1! /','1 wdl to the samples anaPozed in accordance frith the ,ham cl ul +?salt doclonolt, llus anal "Mcal report nnrsi he reproduced In Ns antirac. Page 5 of 34 Sample ID Laboratory ID Matrix Date Sampled Date Received McOH Blank 0400101 -01 Soil 05;10/04 00:00 05/11 /04 16:05 DEI- 112 -14' 0400101-02 Soil 05/10 /0410:50 05/11/0416:05 DEI- 216 -19' 0400101-03 Soil 05/10/0411:58 05/11/0416:05 DEI - 318 -19' 0400101 -04 Soil 05/10/0412:57 05/11/0416:05 DEI - 416.5 -17.5' 0400101 -05 Soil 05/10/0414:18 05/11/0416:05 DEI - 517 -19' 0400 10 1 -06 Soil 05/1010415:12 05/11/0416:05 DEI - 611 -12' 0400101-07 Soil 05/10/0415:47 05/11/0416:05 DEI- 78 -10' 0400101 -08 Soil 05/11/0409:40 05/11/0416:05 DEI - 917 -18' 0400101 -09 Soil 05/11/0410:58 05/11/0416:05 DEI- 810.5 -12' 0400101 -10 Soil 05/11/0411:48 05/11/0416:05 DEI- 1019 -20' 0400101 -11 Soil 05/11 /0413:20 05/11/0416:05 DEI - 1118 -20' 0400101 -12 Soil 05/11/0414:39 05/11/0416:05 EPA Lab ID: MN00063 7hc results n this)-el ri (1! /','1 wdl to the samples anaPozed in accordance frith the ,ham cl ul +?salt doclonolt, llus anal "Mcal report nnrsi he reproduced In Ns antirac. Page 5 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St, NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number Sufficient Sample Provided: Account ID: 06/04iO4 09:49 Conditions Upon Receipt Cooler Cooler 1 Temperature: 3.5 °C Received on lee: Yes COC Included: Yes COC Complete: Yes Custody Seals Intact: No Sufficient Sample Provided: Yes Headspace Present (VOC): No Preservation Confirmed: Yes Cooler Cooler 2 Temperature: 1.9 °C Received on Ice: Yes COC Included: Yes COC Complete: Yes Custody Seals Intact: No Sufficient Sample Provided: Yes Headspace Present (N No Preservation Confirmed: Yes Temperature Blank: Yes COC & Labels Agree: Yes Anomalies Found: No Temperature Blank: Yes COC & Labels Agree: Yes Anomalies Found: No EPA Lab ID: MN00063 the resnlis in thtc icporr apl :`Y oz4v it) the cmnples analysed in occordame with the chain uJcuw7url� docunruu. l his cu�ah�hcal rch»rl nnast he reproduced ni Its evtirel }. Page 6 of 34 11001 Hampshire Ave. S. Bloomington, n1N 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Diversified Environmental, Inc. Client Ref': Former Bos,i Donuts Site, New Hope Work Order #: 4400101 3620 Edward St. NE Client Contact Mr. Doug Bergstrom Project Mgr. Tho,nas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number: 0.050 Account ID: 06/04/04 09:49 McOH Blank 0400101 -01 (Soil) Volatile Organic Compounds Analyte Result 'v1RL Units Dilution Batch Prepared Analyzed Method Notes 1,1,1,2- Tetrachloroethane <0.050 0.050 mg /kg 1 B4E0160 5/18,04 5119iO4 EPA 8260B 1,1,1 - Trichloroethane <0.050 0.050 mg /kg I B4E0160 5/18,'04 5119/04 EPA 8260B 1,1,2,2- Tetrachloroethane -0.050 0.050 mgikg I B4E0160 5!18/04 51'19/04 EPA 8260B 1,1,2 - Trichloroethane -0.050 0.050 mg /kg I B4E0160 5/18!04 5119/04 EPA 8260B 1,1,2- Trichloroethylene <2.5 2.5 mgikg I B4EO160 5/18104 5/19/04 EPA 8260B 1,1,2- Trichlorotrifluoroethane -0,050 0.050 mg /kg 1 B4E0160 5/18/04 5/19/04 EPA 8260B I,1- Dichloroethane < 0.050 0.050 mg /kg I B4E0160 5/18/04 5 /19 /04 EPA 8260B I,l- Dichloroethene <0.050 0.050 mg /kg I B4EO160 5/18/04 5/19/04 EPA 8260B 1, 1 -Dichloropropene -0.050 0.050 mg /kg 1 B4E0160 5/18;04 5/19/04 EPA 8260B 1,2,3 - Trichlorobenzene < 0.050 0.050 mg /kg I B4E0160 5/18/04 51/19/04 EPA 8260B 1,2,3- Trichloropropane , 0.050 0.050 mg /kg 1 B4E0160 5%l 8/04 51 EPA 8260B 1,2,4 - Trichlorobenzene "0.050 0.050 mg/kg I B4E0160 5/18/04 5/19/04 EPA 8260B 1,2,4 - Trimethylbenzene 0.050 0.050 mg /kg 1 B4E0160 5/18/04 5/19/04 EPA 8260B 1,2- Dibromo- 3- chloropropane <O.050 0.050 mg /kg I B4E0160 518, 5/19/04 EPA 8260B 1,2- Dibromoethane <0.050 0.050 mg /kg 1 B4E0160 5, 5/19/04 EPA 8260B 1,2- Dichlorobenzene T 0.050 0.050 mgikg I B4E0160 5/18"`04 5/19/04 EPA 8260B 1,2- Dichloroethane 0.050 0.050 mg /kg 1 B4E0160 5118/04 5/19/04 EPA 8260B 1,2- Dichloropropane -0.050 0.050 mgikg I B4E0160 5/18/04 51 EPA 8260B 1,3,5 - Trimethylbenzene - X0.050 0.050 mg /kg I B4E0160 5!18/04 5/19104 EPA 8260B 1,3- Dichlorobenzene -0.050 0.050 mg /kg I B4EO160 5/18/04 5/19/04 EPA 8260B 1,3- Dichloropropane -0.050 0.050 mg 'kg I B4E0160 5 5/19104 EPA 8260B 1,4- Dichlorobenzene <0.050 0.050 mg/kg 1 B4E0160 5/18iO4 5,/19/04 EPA 8260B 2,2- Dichloropropane - 0.050 0.050 mg /kg I B4E0160 5/18/04 5119104 EPA 8260B 2- Butanone(MEK) -0.50 0,50 mg /kg I B4E0160 5118."04 5,/19/04 EPA 8260B 2- Chlorotoluene =: 0.050 0.050 mg /kg 1 B4E0160 5 5/19/04 EPA 8260B 4- Chlorotoluene - 0.050 0.050 mg /I<g I B4E0160 5/18/04 5. , EPA 8260B 4- Isopropyltoluene - 0.050 0.050 mg /kg 1 B4E0160 5/18104 5./19/04 EPA 8260B Acetone < 1.0 1.0 mgikg I B4E0160 VI K04 5/19/04 EPA 8260B Ally] Chloride -"0.050 0.050 mg, /kg I B4E0160 5/18,04 5/19/04 EPA 8260B Benzene - 0.050 0.050 mg /kg I B4E0160 5,`18/04 5;19/04 EPA 8260B Bromobenzene 0.050 0.050 mgikg 1 B4E0160 5/18/04 5/19/04 EPA 8260B Bromochloromethane -0.050 0.050 mg /kg I B4E0160 5/18,/04 5/19/04 EPA 8260B Bromodichloromethane .' 0.050 0.050 mgikg I B4E0160 _5!18104 5/19/04 EPA 8260B Bromoform <� 0.050 0.050 mg. /kg I B4E0160 5/18/04 51 /04 EPA 8260B Bromomethane e 0.050 0.050 mg /kg I B4E0160 5/18/04 5/19/04 EPA 8260B Carbon tetrachloride < 0.050 0.050 mg/kg I B4E0160 5 /18/04 5119/04 EPA 8260B Chlorobenzene -0.050 0.050 mgikg i B4E0160 5.=18/04 5,/19/04 EPA 8260B Chlorodibromomethane - 0.050 0.050 mgikg 1 B4E0160 5/18/04 5/19104 EPA 8260B EPA Lab ID: MN00063 the resv in (hi., report al >, only to the samples analyaed in accordance with the ,halt! of cat €trall� dncumunt. !ai.r analytical report nauct he rcproduce�d in its enttreP'. Page 7 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc, Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Borgstrotn Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number: 0.050 Account ID: 06/04/04 09:49 NleOH Blank 0400101 -01 (Soil) Volatile Organic Compounds Analyte Result N1RL Units Dilution Batch Prepared Analyzed Method Notes Chloroethane < 0.050 0.050 mg /kg I 134E0160 5/18;04 5/19, =04 EPA 8260B Chloroform -0.050 0.050 mg /kg 1 134E0160 5/18'04 5"19/04 EPA 8260B Chloromethane 0.050 0.050 mg /kg 1 134E0160 5/18/04 5/19/04 EPA 8260B cis -1,2- Dichloroethene =c 0.050 0.050 mg /kg l 134E0160 5/18/04 5/19/04 EPA 8260B cis- 1,3- Dichloropropylene -0.050 0.050 mg /kg 1 134E0160 5118;04 5/19/04 EPA 8260B Dibromomethane <0050 0.050 mg /kg I 134E0160 5/18!04 5/19;04 EPA 8260B Dichlorodifluoromethane : 0.050 0.050 mg /kg 1 B4E0160 51!18/04 5119/04 EPA 8260B Dichlorofluoromethane <,; 0.050 0.050 mg /kg I 134E0160 5/18104 5/19/04 EPA 8260B Eth}l Ether 0.050 0.050 mg /kg 1 B4E0160 5/18/04 5/19/04 EPA 8260E Ethylbenzene 0.050 0.050 mg /kg I 134E0160 5/18/04 5119/04 EPA 8260B Hexachlorobutadiene - 0,10 0.10 mg /kg I 134E0160 5/18iO4 51 EPA 8260E Isopropylbenzene r 025 0.25 mg /kg 1 B4E0160 5/18/04 5/19/04 EPA 8260B tn,p- Xylenes 0.050 0.050 mg /kg I B4E0160 5/18/04 5,/19/04 EPA 8260B Methyl Isobutyl Ketone - 0.25 0.25 mg /kg 1 134E0160 5/18/04 5/19/04 EPA 8260B Methylene chloride -0,25 025 mg,tkg 1 134E0160 5018/04 5/19/04 EPA 8260B Methyl -t -butyl ether -- 0.050 mg /kg I 134E0160 5/18/04 5/19/04 EPA 8260B Naphthalene : 0.050 0) 050 ing /kg 1 134E0160 5/18/04 5x'19/04 EPA 8260B n- Butylbenzene - 0.050 0.050 mg/kg I 134E0160 5/18x`04 5/19/04 EPA 8260B n- Propylbenzene -,0,050 0.050 mg/kg _ 1 134E0160 5/18/04 5/19/04 EPA 8260B o- Xylene < 0.050 0,050 mg /kg 1 134E0160 5/18/04 519/04 EPA 8260B sec- Butylbenzene - 0.050 0.050 mg /kg I 64E0160 5.118/04 5/19/04 EPA 8260B Styrene --0.25 0.25 mg /kg 1 B4E0160 5/18/04 5/19/04 EPA 8260B tert-Butyl benzene -0.050 0.050 mg /kg 1 134E0160 5/18/04 5/19/04 EPA 8260B Tetrachloroethene --0 10 0.10 mg /kg I 134E0160 5118!04 5/19/04 EPA 8260B Tetrahydrofuran 0.25 0.25 mg.`kg 1 134E0160 518/04 51/19/04 EPA 8260B Toluene s 0.050 0.050 mgfkg I B4E0160 Si 18'04 51; 19, EPA 8260B trans -1,2- Dichloroethene 0.050 0.050 mg /kg 1 134E0160 5,'18/04 5/19/04 EPA 8260B trans- l,3- Dichloropropene -'0.050 0.050 mg/kg 1 134E0160 5/18/04 5/19/04 EPA 8260B Trichlorofluoromethane < 0.050 0.050 mg /kg I 134E0160 5 5/19/04 EPA 8260B Vinyl chloride '0,050 0.050 mg,`kg 1 134E0160 5/18/04 5119/04 EPA 8260B Surrogate: 1,2- Dichloroethane -d4 102% Lirtuts: 81 -127% B4E0160 5/18104 5/19104 EPA 8260B Surrogate :4- Bromofhrorobenzene 87.2 °v Limits. 74 -117% 134EO160 518,04 5/19104 EPA 8260B Surrogate: Dtbromofhiorornethcnse 992 1 6 Limits: 79 -12-% B4E0160 5/18x04 5 EPA 8260B Surrogate: Tohiene -d8 96.4'x`6 Limits: 82 -115% B4B0160 5 %78 04 5119104 EPA 8260B EPA Lab ID: MN00063 the resttla in thin tvport al o'A mN to dre santplea atvirly cd in accardanre ii ah the chain n(cttslode ttncmneru. lha analytical reprrt tntrct be reprwhteed in ttc entbreti� Page 8 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bcrgstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number: I I Account ID: 06/04/04 09:49 DEI -1 12 -14' 0400101 -02 (Soil) Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes 'No Solids 85 1� Weight 1 134E0049 5/13/04 5/14/04 ASTM D2216 Metals Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Arsenic < 1 I I I mg /kg dry I 134E0121 5118,04 5!20/04 EPA 601013 Barium 53 32 mg /kg dry 1 134E0121 5/18/04 5/20/04 EPA 6010B Cadmium -0.67 0.67 mg /kg dry 1 134E0121 5!18/04 5/20/04 EPA 6010B Chromium 12 5.6 mg/kg dry 1 B4E0121 5!18/04 5 EPA 6010E Lead - 4.1 mg/kg dry I 134E0121 5/18104 5120104 EPA 6010B Selenium < 18 18 mg,kg dry 1 134E0121 5/18/04 5;20/04 EPA 6010B Mercury 0.023 0.023 mg /kg dry I B4E0187 5122/04 5123/04 EPA 7471A Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared `analyzed Method Notes Diesel Range Organics (DRO) 10 10 mg /kg dry 1 B4E0123 5/20/04 5/21/04 WI DRO (95) Gasoline Range Organics (GRO) 12 12 mg /kg dry I 134E0149 5/20104 5/20/04 WI GRO (95) TPH as Fuel < 58 58 mg /kg dry 1 1341`0008 5/20/04 5120/04 EPA 8015 Volatile Organic Compounds Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes 1, 1, 1,2-Tetrachloroethane -0.058 0.058 mg/kgdry I 134E0160 5/18/04 5/20, EPA 8260B LLI- Trichloroethane -0.058 0.058 mg /kgdry 1 134E0160 5118,/04 5/20/04 EPA 8260B 1,1,2,2- Tetrachloroethane :0.058 0.058 mg /kgdry 1 134E0160 5/18"04 5/20104 EPA 8260B 1,1,2- Trichloroethane <0.058 0.058 mg/kg dry I 134E0160 5/18/04 5120/04 EPA 8260B 1,1,2- Trichloroethylene I;2.9 2.9 mg /kgdry I 134E0160 5/18104 5/20/04 EPA 8260B 1,1,2- Trichlorotrifluoroethane -0.058 0.058 mg!k'gdry I 134E0160 5/18/04 5/20/04 EPA 8260B ],I- Dichloroethane < -0.058 0.058 mglkgdry 1 134E0160 5/18/04 5/20/04 EPA 8260B 1,1- Dichloroethene � 0.058 0.058 mg /kg dry 1 134E0160 5'I8 ?04 5/20,04 EPA 8260B 1, 1 -Diehl oropropene <0.058 0.058 mg1gdry 1 134E0160 5118/04 5,'20/04 EPA 8260B 1,2,3 - Trichlorobenzene - 0.058 0.058 mg /kg dry 1 B4E0160 5118 =04 5/20/04 EPA 8260B 1,2,3- Trichloropropane 0,058 0.058 mg /kg dry 1 134E0160 5118104 5120/04 EPA 8260B 1,24- Trichlorobenzene 0.058 0.058 mg /kgdry I B4E0160 5/18/04 5/20/04 EPA 8260B 1,2,4- Trimethylbenzene <0.058 0.058 mg/kg dry I 134E0160 5(18/04 5/20/04 EPA 8260B 1,2- Dibromo- 3- chloropropane"� 0.058 0.058 mglkg dry I B4E0160 .5.`18!04 5/20/04 EPA 8260B 1,2- Dibromoethane <0.058 1.058 mg,kgdry I 134E0160 5118104 5'20/04 EPA 8260B 1,2- Diehlorobenzene : 0.058 0.058 mg /kg dry I 134E0160 5/18'04 5!20104 EPA 8260B 1,2- Dichloroethane < 0.058 0.058 mg/kg dry I 134E0160 5/18,`04 5120/04 EPA 8260B 1,2- Dichloropropane < 0.058 0.058 mgAg dry I 134E0160 5/18/04 5120/04 EPA 8260E EPA Lab ID: MN00063 The rccufcc in 1b1is r pc rt u1;% v only to the canyVe.s anedv_e l at accordance a ah the �lrarn of emtacl} doctanew 1 hie, ma,t be rq7rodaced m as entirety. Page 9 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bost Donuts Site, New Hope Work Order 4: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number: 0,058 Account 1D: 06/04/04 09:49 DEI -1 12 -14' 0400101 -02 (Soil) Volatile Organic Compounds Analyte Result NIRL Units Dilution Batch Prepared Analyzed Method Notes 1,3,5- Trimethylbenzene . -0.058 0,058 mg /kgdry 1 B4EO160 5t "18/04 5/20/04 EPA 8260B 1,3- Dichlorobenzene < 0.058 0.058 mg /kg dry I B4EO160 5!18/04 5,'20104 EPA 8260B 1,3- Dichloropropane -: 0.058 0.058 mg /kg dry I B4EO160 5/18/04 5/20/04 EPA 8260B 1,4- Dichlorobenzene <0.058 0.058 mg /kg dry I B4EO160 5/18/04 5/201 EPA 8260B 2,2- Dichloropropane -0.058 0.058 mg /kg dry I B4EO160 5!18/04 5/20/04 EPA 8260B 2- Butanone (MEK) <0.58 0.58 mg /kg dry 1 B4EO160 51181-04 5120/04 EPA 8260B 2- Chlorotoluene 0.058 0.058 mg /kg dry I B4EO160 518/04 5/20/04 EPA 8260B 4- Chlorotoluene _ 0.058 0.058 mg /kg dry I B4EO160 5/18,'04 5/20;04 EPA 8260B 4- Isopropyltoluene < 0.058 0,058 mg/kg dry= 1 B4EO160 5/18/04 5x''20/04 EPA 8260B Acetone < 12 1.2 mg /kg dry I B4EO160 5118/04 5/20/04 EPA 8260B Ally] Chloride < 0.058 0.058 mg /kg dry I B4EO160 5118/04 5/20/04 EPA 8260B Benzene < 0.058 0.058 mg /kg dry I B4EO160 5/18/04 5/20/04 EPA 8260B Bromobenzene 0.058 0.058 mg /kg dry 1 B4EO160 5118/04 5/20/04 EPA 8260B Bromochloromethane - 0.058 0.058 mg/kg dry I B4EO160 5/18/04 5/20/04 EPA 8260B Bromodichloromethane -0.058 0.058 mg`kgdry I B4EO160 5118/04 5/20/04 EPA 8260B Bromofonn 0.058 0.058 mg,'kg dry I B4E0160 5/18/04 5/20/04 EPA 8260B Bromomethane 0.058 0.058 mg /kg dry 1 B4EO160 5/18/04 5/20/04 EPA 8260B Carbon tetrachloride s 0.058 0.058 mg /kg dry I B4EO160 5/18/04 5, EPA 8260B Chlorobenzene < 0.058 0.058 mg /kg dry 1 B4EO160 5/18/04 5 =20/04 EPA 8260B Chlorodibromomethane <0.058 0,058 mg /kg dry I B4EO160 5/18/04 5,/20/04 EPA 8260B Chloroethane ' 0.058 0.058 mg /kg dry 1 B4EO160 5/18/04 5120104 EPA 8260B Chloroform . -0.058 0.058 mg /kg dry I B4EO160 5/18/04 5/20/04 EPA 8260B Chloromethane <0.058 0,058 mg /kgdry 1 B4E0160 5`18/04 5/20/04 EPA 8260B cis- 1,2- Dichloroethene : 0,058 0.058 mg /kg dry 1 B4EO160 5/18/04 5/20/04 EPA 8260B cis- 1,3- Dicliloropropylene - -0.058 0.058 mg /kgdry 1 B4EO160 5118/04 5/20/04 EPA 8260B Dibromomethane < 0.058 0.058 mglkg dry 1 B4EO160 5/18,04 5/20/04 EPA 8260B Dichlorodifluoromethane - 0.058 0.058 mg /kg dry I B4EO160 51 5/20/04 EPA 8260B Dichlorofluoromethane - 0,058 0.058 mg /kg dry 1 B4EO160 5/18,'04 5/20%04 EPA 8260B Ethyl Ether <0.058 0,058 mg /kg dry 1 B4EO160 5/18/04 5/20/04 EPA 8260B Ethylbenzene < 0.058 0,058 mg /kg dry I B4EO160 5118/04 5/20/04 EPA 8260B Hexachlorobutadiene < 0,12 0.12 mgikg dry I B4EO160 5/18/04 5/20/04 EPA 8260B Isopropylbenzene -- 0.29 0.29 mg!kg dry I B4EO160 5/18104 5120,04 EPA 8260B m,p- Xylenes : 0.058 0.058 mg /kg dry 1 B4EO160 518/04 51'20/04 EPA 8260B Methyl Isobutyl Ketone v: 0.29 0.29 mgt`kg dry I B4EO160 518/04 5/20/04 EPA 8260B Methylene chloride < 0.29 0.29 mgikg dry 1 B4EO160 5, 5/20/04 EPA 8260B Methyl -t -butyl ether `0.058 0.058 mglkg dry 1 B4EO160 5/18/04 5,/20/04 EPA 8260B Naphthalene w: 0.058 0.058 mg /kg dry I B4EO160 5/18.04 5/20/ 04 EPA 8260B n- Butylbenzene < 0.058 0.058 mg /kg dry I B4EO160 5/18:`04 5/20/04 EPA 8260B EPA Lab ID: MN00063 1 he results in this reprn7 u p j! only ro with the c,batn of crssiodl document. l his analYtical report mist he reproduced in its entiretp. Page 10 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bcrgstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony M 5 PO Number: 1 B4E0160 Account ID: 06/04/04 09:49 DEI -1 12 -14' 0400101 -02 (soil) Volatile Organic Compounds Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes n- Propulbenzene - 0.058 mglkg dry 1 B4E0160 5/18/04 5/20/04 EPA 8260B o- Xylene < 0.058 0.058 mg/kg dry I 134E0160 5/18/04 5, EPA 8260B sec- Butylbenzene < 0.058 0.058 mgr'kg dr } 1 B4E0160 5!18/04 5/20/04 EPA 8260B Styrenes 029 029 mg /kg dry 1 134E0160 5/18104 5/20/04 EPA 8260B tert-Butyl benzene 0.058 0.058 mg /kg dry 1 B4E0160 5/18/04 5/20104 EPA 8260B Tetrachloroethene 0.12 0.12 mg/kg dry I B4E0160 5/18/04 5/20/04 EPA 8260B Tetrahydrofuran 0.29 0.29 mg /kg dry 1 134E0160 5/18/04 5/20/04 EPA 8260B Toluene „ 0.058 0,058 mg /kgdry 1 B4E0160 5,/18/04 5/20104 EPA 8260B trans- l,2- Dichloroethene 0.058 0.058 mg /kg dry 1 134E0160 5/1K04 5/20/04 EPA 8260B trans- 1,3- Dichloropropene 0.058 0.058 mg /kg dry 1 B4E0160 5/18 5/20/04 EPA 8260B Trichlorofluoromethane ., 0.058 0.058 mg/kg dry 1 134E0160 5/18104 5/20/04 EPA 8260B Vinyl chloride < 0.058 0.058 mg /kg dry 1 B4E0160 5/18/04 5/20/04 EPA 8260B Surrogate: 1,2- Dichloroethane -d4 114 % Limits: 81 -127?o B4E0160 5/18104 520104 EPA 8260B Surrogate: 4- Broinofluorobenzene 92.8 % Limits: 74 -117% B4E0160 5, 1804 5120104 EPA 8260B Surrogate=: Dibromofluoromethane 107 qo Ltnuits: 79 -127% 84E0160 5118/04 5 EPA 82608 Surrogate: Toluene -d8 94.8 °t> Limits: 82 -115% B4E0160 5%18, 5120,04 EPA 8260B EPA Lab ID: MN00063 to the .caniple.v muallaecl in occur °dance with the ";i/I.It I eestodt docinncir,_ 1 , f r analo/icz / repo r/ itrtist be reproduced in itv eniireII. Page l l of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St_ An thony MN, 55418 PO Number: Account ID: 06/04104 09:49 DEI -1 12 -14' 0400101 -02RE1 (Soil) Metals Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Silver 1: 1.2 1.2 mg/kg dry I 134F.0147 5/21!04 5. EPA 60108 EPA Lab ID: MN00063 1 ur t ,watts va this rye art to the wntples analy_ed in accordance with the churn of, iw ch doU�mnvnt, l us unolydcal report must be reproduced in its enhretl. Page 12 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. DOU2 B:,rgstrmn Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number: 1 134E0149 Account ID: 06104/04 09:49 DEI -2 16 -19' 0400101 -03 (Soil) Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared 'analyzed Method Notes % Solids 85 10 Weight 1 B4E0049 5/13 ?04 5/14/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene 0.029 0.029 mg /kg dry 1 134E0149 5/20/04 5/20/04 WI GRO (95) Ethylbenzene <0.029 4.029 mg /kg dry I B4E0149 5/20104 5/20/04 WI GRO (95) m,p- Xylene "'0.029 0.029 mg /kg dry 1 B4E0149 4,20;04 5/20/04 WI GRO (95) o- Xylene - 0.029 0.029 mg /kg dry 1 B4E0149 5.20/04 5/20/04 WI GAO (95) Toluene < 0.029 0.029 mg /kg dry 1 B4E0149 5120/04 5/20/04 WI GRO (95) Surrogate: 4 -FCB 98.1 Limits: 80 -200% B4E0149 5,26104 5'20104 WI GRO (95) Diesel Range Organics (DRO) - 10 10 mg /kg dry 1 B4E0123 5/20/04 5121/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg /kg dry I 134E0149 5'20104 5/20/04 WI GRO (95) EPA Lab ID: MN00063 111e results in the scnvples crnaltzeil u2 accorcltnace mth the ''rain c`; dacnnrcnt. I his ancrlvtica/ report nimi he mprn(huced in its civiret) Page 13 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref. Former Bose Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number: I B4E0149 Account ID: 06/04/04 09:49 DEI -3 18 -19' 0400101 -04 (Soil) Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes '% Solids 85 % Weight I B4E0049 5!13104 5.114/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg /kg dry I B4E0149 5/20/04 5120/04 WI GRO (95) Ethylbenzene � 0.029 0.029 mg /kg dry I B4E0149 5/20/04 5, WI GRO (95) m,p- Xylene -0,029 0.029 mg /kg dry I B4E0149 5!20/04 5/20/04 WI GRO (95) o- Xylene - 0.029 0.029 ing/kg dry I B4E0149 5120/04 5/20/04 WI GRO (95) Toluene < 0.029 0.029 mg /kg dry 1 B4E0149 5120/04 5/20/04 WI GRO (95) Surrogate: 4 -FCB 93.8 % Limits.• 80 -200% B4E0149 5/20/04 5 WI GRO (95) Diesel Range Organics (DRO) < 10 10 mg /kg dry 1 B4E0123 5/20/04 5/21104 Wl DRO (95) Gasoline Range Organics (GRO) 12 12 mg/kg dry 1 B4E0149 5/201'04 5/20!04 WI GRO (95) EPA Lab ID: MN00063 7'h< resnhs to this report applii onlr m the snmple.e ancrw_ed in (MCOrdance ii uh thr ,i zrr <r o/ cIIsloxh document, l im anal,wieol report nurst be reproduced ttt its ctztiretl' Page 14 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref . Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. An MN, 55 418 PO Number: 0.029 Account ID: 06/04/04 09:49 DEI -4 16.5 -17.5' 0400301 -05 (Soil) Classical Chemistry Parameters Analvte Result NIRL Units Dilution Batch Prepared Analyzed Method Notes %Solids 86 1 0 Weight I B4E0049 5/13!04 5114/04 ASTMD2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg /kg dry 1 B4E0149 5.120,104 5,`20/04 WI GRO (95) Ethylbenzene < 0.029 0.029 mg'kg dry I B4E0149 5/20/04 5/20/04 WI GRO (95) m,p- Xylene <0.029 0.029 mg/kg dry 1 B4E0149 5!20/04 5/20/04 WI GRO (95) o- Xylene - 0.029 0.029 mg /kg dry I B4E0149 5/20/04 5/20/04 WI GRO (95) Toluene - 0.029 mg /kg dry I B4E0149 5/20/04 5!20 /04 WI GRO (95) Surrogate: 4 -FCB 95.6 Liadts: 80 -200% B4E0149 5,20104 5.'20/04 WI GRO (95) Diesel Range Organics (DRO) 9.8 9.8 mg /kg dry I B4E0123 5/20/04 5/21/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 ingt7kg dry I B4E0149 5/20/04 5/20,x04 WI GRO (95) EPA Lab ID: NIN00063 ilie re.w `iv in 4,,1 rel apimfp onlrvo the.vmnples analyzed in accordance u'fdi A, Aram of rirsie,/r locinwai- i Iris aluilrocal report nnrsi he repro'lli ed in Its enuxviy. Page 15 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site. New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: "Thomas P. Wagner Date Reported: St. An t h ony MN, 55418 PO Number: I B4EO049 Account ID: 06/04/04 09:49 DEI -5 17-19' 0400101 -06 (Soil) Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 86 % Weight I B4EO049 51 5/14/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene 0.029 0.029 mg /kg dry 1 134E0149 5/20/04 5/20/04 WI GRO (95) Ethylbenzene 0.029 0.029 mgikg dry I B4EO149 5/20/04 5/20/04 WI GRO (95) m,p- Xylene < 0.029 0.029 mg /kg dry I B4E0149 5/20!04 5/20/04 WI GRO (95) o- Xylene -0,029 0.029 mg /kg dry I B4EO149 5/20/04 5/20/04 WI GRO (95) Toluene 0029 0.029 mg /kg dry I B4E0149 5/20/04 5120/04 WI GRO (95) Surrogate: 4 -FCB 97.5 `rd Limits: 80 -200% B4EO149 5 5120104 WI GRO (95) Diesel Range Organics (DRO) - 9.8 mg /kg dry 1 B4E0123 5/20/04 5/21/04 WI DRO (95) Gasoline Range Organics (GRO) ', 12 12 mg /kg dry I B4E0149 5,'20/04 5/20,'04 WI GRO (95) EPA Lab ID: MN00063 the re,s7hs ur this report ap,ely only to the santptes mratviced in accordcmcc n•7h the 1-111107 Of IW torlr doctuueIt, I /I Is anatNical report nTttsi he reproduced in it.c enurc'ty. Page 16 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bcrgstrom Project Mgr. Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number 0.14 1ng /kg dry Account ID: 06/04/04 09:49 DEI -6 11 -12' 0400101 -07 (Soil) Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes '% Solids 87 % Weight I B4E0049 5113104 5/14/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene 0.69 0.14 1ng /kg dry 5 B4E0149 5!20/04 5/21/04 Wl GRO (95) Ethylbenzene 1.1 0.14 mg /kg dry 5 B4E0149 5/20/04 5/21/04 WI GRO (95) m,p- Xylene 1.9 0.14 mg /kg dry 5 B4E0149 5/20/04 5121104 WI GRO (95) o- Xylene 0.14 0.14 mgft dry 5 B4E0149 5!20104 5/21104 WI GRO (95) Toluene 1.4 0.14 mg /kg dry 5 134E0149 5/20/04 5/21/04 W1 GRO (95) Surrogate: 4 -FCB 108 % Limits: 80 -200% B4E0l49 5. 2204 5/21104 WI GRO (95) Diesel Range Organics (DRO) 58 9.5 mgkg dry I B4E0123 5/20104 5!21/04 WI DRO (95) fin Gasoline Range Organics (GRO) 400 58 mg/kg dry 5 B4E0149 5/20/04 5/21/04 WI GRO (95) hi EPA Lab ID: NIN00063 ) 'he nendec in 11n, report a/; )i'r on /v to the samp/e.s analp�ed In accordance ir;ih the c "imil ofcnsiodr docntn.,nl. IIns analh tieal report trust be reproduced in ita entlren'. Page 17 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony NI 5 PO Number: 0.056 ing /kg di% Account ID: 06!04/04 09:49 DEI -7 8 -10' 0400101 -08 (Soil) Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 90 % Weight 1 134E0049 5 =13/04 5/14104 ASTM D2216 Metals Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Lead 10 7.6 mg /kg dry 2 134E0121 5/18 °04 5, EPA 6010B Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene 2.4 0.056 ing /kg di% 2 134E0149 5120104 5/21/04 WI GRO (95) Ethylbenzene 0.68 0.056 mg /kg dry 2 134E0149 5/20;04 5/21/04 WI GRO (95) m,p- Xylene 38 0.056 mg /kg dry 2 134E0149 5120/04 5121/04 WI GRO (95) o- Xylene 16 0.056 mg /kg dry 2 134E0149 5120104 5/21/04 WI GRO (95) Toluene 1.7 0.056 mglkg dry 2 B4E0l 49 5120;04 5/21/04 WI GRO (95) Surrogate: 4 -1 119 % Limits: 80 -200% B4E0149 5120104 5121104 WI GRO (95) Diesel Range Organics (DRO) 210 9.6 mg; °kg dry 1 134E0123 5120104 5/21/04 W1 DRO (95) hn Gasoline Range Organics (GRO) 530 22 ing/kg dry 2 134E0149 5,/20104 521/04 WI GRO (95) hj EPA Lab ID: MN00063 irr re,'idi, i,r this report cq., -plc only to the sainple.c nnaleced in accordance with the chain of crrsa;rdr <w §;.c wllent. l his analinical report must he reproduced in its entirety. Page 18 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project 1S9gr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number: 1 B4E0149 Account I 06/04/04 09:49 DEI -9 17 -18' 0400101 -09 (Soil) Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 86 ° io Weight I B4E0049 5/13/04 5/14/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg /kg dry 1 B4E0149 5/20/04 5/20/04 W'I GRO (95) Ethylbenzene '0,029 0.029 mg /kg dry I B4E0149 5120104 5/20/04 WI GRO (95) m,p- Xylene < 0.029 0.029 mg /kg dry 1 B4E0149 5/20/04 5/20;'04 WI GRO (95) o- Xylene < 0.029 0.029 mg!kg dry I B4E0149 5 :20/04 5,:20/04 WI GRO (95) Toluene <- 0.029 0.029 mg /kg dry I B4E0149 5/20/04 5120104 WI GRO (95) Surrogate: 4 -FCB 93.1 % Limits: 80- 200% B4EB149 51201'04 5120104 WI GRO (95) Diesel Range Organics (DRO) < 10 10 mg /kg dry 1 B4E0123 5/20/04 5/21/04 WI DRO (95) Gasoline Range Organics (GRO) <: 12 12 mg /kg dry I B4E0149 5/20/04 5/20/04 WI GRO (95) EPA Lab ID: MN00063 1'he rc.uuN in this repeat al ply 01713) to the.vantples anuh-zed in accordance with the Chain ,, enstndr docnnient. I htc analyvicol report inuvi he reprothteei to its entirety. Page 19 of 34 III _� IL 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact Mr. Doug Bergstrom Project Mgr. Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Ntunber: 0.029 Account ID: 06/04/04 09:49 DEI -8 10.5 -12' 0400101 - 10 (Soil) Classical Chemistry Parameters Analvte ReSUIt MRI Units Dilution Batch Prepared Analyzed Method Notes % Solids 86 % Weight 1 B4E0049 5113,'04 514/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analvzed Method Notes Benzene 0.058 0.029 mg!kg dry 1 B4E0149 5120/04 5/21/04 WI GRO (95) Ethylbenzene 0.50 0.029 mg /kg dry 1 B4E0149 5/20104 5/21/04 WI GRO (95) m,p- Xylene 0.046 0.029 mg!kg dry 1 134E0149 5/20/04 5/21/04 WI GRO (95) o-Xylenee 0.029 0.029 mg /kg dry 1 B4EOI49 5/20/04 5/21/04 WI GRO (95) Toluene 0.14 0.029 mg /kg dry 1 B4E0149 5/20/04 5/21/04 WI GRO (95) Surrog 4 -FCB g ° I0l /o r Limits: 80 -200.0 B4E0149 5.!20/04 5, 21 04 WI GRO - (95) Diesel Range Organics (DRO) 16 9.2 mg dry I B4E0123 5/20/04 5/21/04 WI DRO (95) hn Gasoline Range Organics (GRO) 50 12 mg /kg dr I B4E0149 5120104 5/21/04 WI GRO (95) hj EPA Lab ID: MN00063 The results m 1171c ry ort xl, u�c only to the s tnh/es unaly -e </ i ucrnrdance wah the 'ham nJ custn A 'kie nrerl. 1/111 cncrlrttenl report roust he reproduced 117 tls MMVIe J. Page 20 of 34 11001 Hampshire Ave. S. Bloomington, NIN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order 4: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55 418 PO Number: 0.029 Account ID: 06/04/04 09:49 DEI -10 19 -20' 0400101 -11 (Soil) Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 86 9 0 Weight I B4E0049 5/13,'04 5/14/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene - 0.029 0.029 mg /kg dry 1 134E0149 5/20,?04 5/25/04 WI GRO (95) Ethylbenzene < 0.029 0.029 mg /kg dry I B4E0149 5/20/04 5 WI GRO (95) m,p- Xylene "0,029 0.029 mg /kg dry 1 134E0149 5/20.'04 5/25/04 V4`I GRO (95) o- Xylene - 0.029 mglkg dry I 134E0149 5/20/04 5/25/04 WI GRO (95) Toluene -0.029 0.029 mg/kg dry 1 B4E0149 5,20104 5/25/04 WI GRO (95) Surrogate: 4 -FCB 90.0 96 Limits: 80- 200? =a B4E0149 5.2a 04 525104 WI GRO (95) Diesel Range Organics (DRO) 9.8 9.8 mg /kg dry I 134E0123 5/20/04 5/21/04 WI DRO (95) Gasoline Range Organics (GRO) - 12 12 mg/kg dry I 134E0149 5/20104 5/25/04 WI GRO (95) EPA Lab ID: MN00063 ire resr n nr tbis rq r/ a/ ,('only to the .sample., ana(pred in accordance a oh the chain o!casuodi+ doctuucmi. / /; analytical report nnt.sl be reproduced 117 its entirety. Page 21 of 34 ffiffi 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc, Client Ref: Former Bosa Donuts Site, New Hope Work Order#i: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. A nthony MN, 55418 PO Number: Account ID: 06/04/04 09:49 DEI -11 18 -20' 0400101 - 12 (Soil) Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes %, Solids 86 % Weight I 134E0049 51 514/04 ASTM D2216 Total Petroleum Hydrocarbons Y Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0,029 0.029 mg /kg dry I B4E0149 5/20/04 5/25104 WI GRO (95) Ethylbenzene <0,029 0,029 in !kg dry I B4E0149 5/20/04 5 WI GRO (95) m,p- Xylene 0.029 0.029 mg /kg dry I B4E0149 5/20/04 5/25/04 WI GRO (95) o- Xylene < 0.029 0.029 ing/kg dry I B4E0149 5/20104 5;'25/04 Wl GRO (95) Toluene - 0.029 0,029 mg!kg dry I 134E0149 5!20/04 5/25/04 W1 GRO (95) Surrogate: 4 -FCB 88.1 % Limits: 80- 200% B4E0149 5120104 5.25104 W1 GRO (95) Diesel Range Organics (DRO) " 10 10 mglkg dry I B4E0123 5/20!04 5/21104 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg /kg dry 1 B4E0149 5/20/04 5/25/04 WI GRO (95) EPA Lab ID: NIN00063 1'he results in this report ap,r n only to the somples analyzed in accordance ❑7th the c {t¢rin of caccrotly c /nrrtnt�>rtt. 1 hie ana /yfiral report mast hr reprodaceri ht itr entiret }. Page 22 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995-2020 Fax Diversified Environinental, Inc. Client Ref; Former 13osti Donuts Sitc, Neee Hope Work Order #: 0400101 3620 Edward St. NE Client Contact Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number Result Account ID: 06/04/04 09:49 Classical Chemistry Parameters - Quality Control Batch B4E0049 - NO PREP Method Blank (B4E0049 -BLKI) Analyte Result MRL Solids Standard Reference Material (B4E0049 -SRMI) Analyte Result XIRL % Solids 88.3 EPA Lab ID: MN00063 ;ae re,,rdt,, in dv, r port ai �,(r ont to dm aample.s ana4v ed in accordance aidr the 'hum o cta7odl document. / ive anah'Ncal report roust he r-prodticed;rr m entirety Page 23 of 34 Prepared: 05/13/04 Analyzed: 05.!14/04 Spike SOnrCe °�oREC RPD Units Level Result 410REC Limits RPD Limit Notes % Weight NA NA NA N.X NA N:1__ Prepared: 05 /13/04 Analyzed: 05/14/04 Spike Sou %REC RPD Units Level Result =oREC Limits RPD Limit Notes Weight 88.8 NA 99.4 90 -110 NA NA EPA Lab ID: MN00063 ;ae re,,rdt,, in dv, r port ai �,(r ont to dm aample.s ana4v ed in accordance aidr the 'hum o cta7odl document. / ive anah'Ncal report roust he r-prodticed;rr m entirety Page 23 of 34 I IL All 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosc Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number: Account ID: 06/04/04 09:49 Metals - Quality Control Batch B4E0121 - EPA 3 050B Method Blank (B4E0121 -BLKI) Analyte Result MRL Arsenic < 10 1C Barium RPD Cadmium -' 0.60 0.60 Chromium:: 5.0 so Lead 37 3 Selenium -- 16 16 Silver ... Lo LO Laboratory Control Sample (B4E0121 -BSl) mg g Analyte Result MRL Arsenic 934 10 Barium 97.6 29 Cadmium 101 0 Chromium 101 5.0 Lead 97.8 3,7 Seleniutn 97.8 16 Silver 8.56 I.0 Laboratory Control Sample Duplicate (B4E0121 -BSD1) NA Analyte Result MRL Arsenic 974 10 Barium 9 9. 3 2.9 Cadmium 03 0 Chromium 102 5.0 Lead 100 NA Selenium 91.8 16 Silver 7.25 1.0 Standard Reference Material (B4E012l -SRM1) 05/18/04 Analyte Result MRL •; Arsenic __.. 17.7 10 EPA Lab ID: MN00063 he restdt.c ill this re")( i al p6v and y to die sam,! lcs mtalv_ed ill accordance with the Ju �n -i * custody d temncnt. !his analytical report nevi he repro&tced ill its enlirety. Page 24 of 34 Prepared: 05, Analyzed: 05 /20/04 Spike Source %REC RPD Units Level Result ooREC Limits RPD !.unit Notes mg /kg NA NA NA NA NA NA mg g NA NA NA NA NA NA mgikg NA NA NA NA NA NA mg,9cg NA NA NA NA NA NA ntgikg NA NA NA NA NA NA mg /kg NA NA NA NA NA NA ntg kg NA NA NA NA NA NA Prepared: 05/18/04 Analyzed: 05/20/04 Spike Source %REC RPD Units Level Result 9'oREC Limits RPD Limit Notes mg/kg 100 NA 93.4 80 -120 NA NA _ mg kg 100 NA 97.6 80 -120 NA NA mgikg 100 NA 101 80 -120 NA NA mgikg 100 NA 101 80 -120 NA NA mg +kg 100 NA 97.8 80 -120 NA NA mg kg 100 NA 97.8 80 -120 NA NA mgikg 20.0 NA 42.8 80 -120 NA NA Prepared: 05 /18/04 Anal } zed:05 /20/04 Spike Source %REC RPD Units Level Result 96REC Limits RPD Limit Notes mg /kg 100 N 9"A 80 -120 4.19 _. 20 ..... _...... ... mg /kg 100 NA 99.3 80 -120 1.73 20 Ing;'kg 100 NA 103 80 -120 1.96 20 Ing,'kg 100 NA 102 80- 120 0.985 20 mgikg 100 NA 100 80- 120 222 20 mgikg 100 NA 9L8 80 -120 633 20 mg; kg 20.0 N A 36.4 80 -120 16.2 20 Prepared: 05/18104 Analyzed: 05/20/04 Spike Source °oREC RPD Units Level Result %REC Limits RPD Limit Notes mgikg 20.3 NA 8'2 '2.7 -119 NA NA EPA Lab ID: MN00063 he restdt.c ill this re")( i al p6v and y to die sam,! lcs mtalv_ed ill accordance with the Ju �n -i * custody d temncnt. !his analytical report nevi he repro&tced ill its enlirety. Page 24 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Rer Former Bosa Donuts Site, New Hope Work Order #: 0400 101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Rxagner Date Reported: St. Anthony MN, 55418 PO Number: Account 1D: 06/04/04 09:49 Metals - Quality Control Batch B4E0121 - EPA 3050B Standard Reference Material (B4E0121 -SRM1) Prepared: 05/18/04 Analyzed: 05/20104 Spike Source °.REC RPD Analyte Result MRL Units Level Result %REC Limits RPD Limit Notes Barium 34.6 2.9 mg kg 29.1 NA 119 83.4 -133 NA NA Cadmium 11.8 0,60 mg /kg 119 NA 91.5 66 -110 NA NA Chromium 14.5 5.0 mgikg 14.5 NA 100 702 -119 NA NA Lead 24.8 -.. mgikg 25.3 NA 98.0 74.2 -119 NA NA Selenium 21.0 16 mg!kg 22.3 NA 942 66.4 -119 NA NA Silver 7.62 1.0 mg /kg 229 NA 33.3 66.1 -118 NA NA Batch B4E0147 - EPA 3050B Method Blank (B4E0147 -BLKI) Prepared: 05/21/04 Analyzed: 05/24/04 Spike Source ".REC RPD Analyte Result MRL (flits Level Result :oREC Limits RPD Limit Notes Sih-er ` 1.0 1.0 mgikg NA NA NA NA NA NA Laboratory Control Sample (B4E0147 -BSl) Prepared: 05/21/04 Analyzed: 05124/04 Analyte Result MRL Units Spike Level Source Result %REC %REC Limits RPD RPD Limit Notes Silver 18.0 1.0 mg /kg 20.0 NA 90.0 80-120 NA NA - Laboratory Control Sample Duplicate (B4E0147 -BSDI) Prepared: 05/21/04 Analyzed: 051'24/04 Spike Source °'REC RPD Analyte Result MRL Units Level Result °..REC Limits RPD Limit Notes Silver 18.5 1.0 mg kg 20.0 NA 92.5 80 -120 2.74 20 Standard Reference Material (B4E0147 -SRMI) Prepared: 05/21/04 Analyzed: 05, Spike Source %REC RPD Analyte Result GIRL Units Level Result %REC Limits RPD Limit Notes Silver 22.7 1.0 mg kg 23.7 NA 95.8 66.1 -118 NA NA Batch B4E0187 - EPA 7471A Method Blank (B4E0187 -BLKI) Prepared: 05/22/04 Analyzed: 05/23/04 Analyte Result MRL Units Spike Level Source Result %REC %REC Limits RFD RPD Limit Notes Mercury 0.020 0,020 mg /kg NA NA NA NA NA NA EPA Lab ID: MN00063 "he restdt+ w tfus rel>oi t app i only to the . simples analyccd in accordance it dry c h at ', r,,t C ai I ah document f'7ds antdytiuul report nuw be reproduced 117 its entlraj. Page 25 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order 4: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bcrgstrotn Project Nigr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number: Result Account ID: 06/04/04 09:49 Metals - Quality Control Batch B4E0187 - EPA 7471A Laboratory Control Sample (B4E0187 -BSl) Analyte Result MRL Mercury 0,254 0.020 Laboratory Control Sample Duplicate (B4E0187 -BSD1) Result Analyte Result NIRL Mercury 0.254 0.020 EPA Lab ID: NIN00063 the r cult, m [tic report app!v only to the samples anahzed in accordance iri1h the drain ape =nrn< /t clr c nsent. 1'iu, anal "l report must he reproduced in its enilre /J. Page 26 of 34 Prepared: 05/22/04 Analyzed: 05/23%04 Spike Som %REC RPD Units Level Result °,oREC Limits RPD Limit Notes mg;kg 0.250 NA 102 85 -115 NA NA Prepared: 05/22/04 Analyzed: 05/23/04 Spike Source °oREC RPD Units Level Result %REC Limits RPD Limit Notes mg'kg 0,250 NA 102 85 -115 0.00 20 EPA Lab ID: NIN00063 the r cult, m [tic report app!v only to the samples anahzed in accordance iri1h the drain ape =nrn< /t clr c nsent. 1'iu, anal "l report must he reproduced in its enilre /J. Page 26 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 - 995 -2020 Fax Diversified Environmental, Inc. Client Ref Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 5 PO Number: Analyte Account ID: 06/04/04 09:49 Volatile Organic Compounds - Quality Control Batch B4E0160 - EPA 5035 Method Blank (B4E0160 -BLK1) Prepared: 05118f04 Analyzed: 05, Notes EPA Lab ID: MN00063 11% res+ fs w lhi.c report airrrly onto x> the wnyaes antih_,d m accordance wish the chain n1 cervindP clocunreru. 1 his analWical rehorl na1w he re/- roduced br lt.e entirely. Page 29 of 34 Spike Source �.REC RPD Analyte Result MRL Units Level Result %REC Limits RPD Limit 1,1,1,2 Tetrachloroethane 0.050 0.050 mg /kg NA NA NA NA NA NA 1,1,1- Tdchloroethane 0.050 0.050 nnglkg NA NA NA NA NA NA 1,1,2,2 - Tetrachloroethane 0.050 0.050 mgrkg NA NA NA NA NA NA 1,1,2- Trichloroethane 0.050 0.050 mgikg NA NA NA NA NA NA 1,1,2- Trichloroethylene - 2,5 2.5 mg /kg NA NA NA NA NA NA 1,1,2- Trichlorotrifluoroethane- -0.050 0,050 mgrkg NA NA NA NA NA NA 1,1- Diehlomethane = :0.050 0.050 mg /kg NA NA NA NA NA NA 1,1- Dichloroethene 0.050 0.050 mg 'kg NA NA NA NA NA NA 1,1- DichloropropenecU.050 0.050 mg/kg NA NA NA NA NA NA 1,2,3- Triehlorobenzene 0.050 0.050 mg,'kg NA NA NA NA NA NA 1,2,3- Trichloropropane 0.050 0.050 tng /kg NA NA NA NA NA NA 1,2,4- Tiichlorobenzene 0.050 0.050 mgrkg NA NA NA NA NA NA 1,2,4 - Trimethylbenzene 0.050 0.050 mg/kg NA NA NA NA NA NA 1,2- Dibromo- 3- chloropropane 0.050 0.050 mg /kg NA NA NA NA NA NA 1,2- Dibromoethane < 0.050 0.050 mg,'kg NA NA NA NA NA NA 1,2- Dichlorobenzene 0.050 0.050 mg kg NA NA NA NA NA NA 1,2- Dichloroethane <0.050 0,050 mgrkg NA NA NA NA NA NA 1,2- Dichloropropane -0A50 0.050 mgrkg NA NA NA NA NA NA 1,3,5 - Trimethylbenzene 0.050 0.050 mg /kg NA NA NA NA NA NA 1,3- Dichlorobenzene < 0.050 0.050 mg "kg NA NA NA NA NA NA 1,3- Dichloropropane 0.050 0.050 mg /kg NIA NA NA NA NA NA 1,4- Dichlorobenzene - 0.050 0.050 mg`kg NA NA NA NA NA NA 2,2- Dichloropropane 0.050 0.050 mgrkg NA NA NA NA NA NA 2- Butanone(MEK) <0.50 0.50 mgikg NA NA NA NA NA NA 2- Chlorotoluene ; 0.050 0.050 mgrkg NA NA NA NA NA NA 4- Chlorotoluene= _0.050 0.050 mgrkg NA NA NA NA NA NA 4- 1sopropyttoluene- .0.050 0.050 mg /kg NA NA NA NA NA NA Acetone - -.: LO 1.0 mg /kg NA NA NA NA NA NA Ally] Chloride <0.050 0.050 mLkg NA NA NA NA NA NA Benzene 0.050 0.050 mg /kg NA NA NA NA NA NA Bromobenzene 0 050 0.050 mg/kg NA NA NA NA NA NA Bromochloromethane <0.050 0.050 nlglkg NA NA NA NA NA NA Broinodichloroinethane 0.050 0.050 mg /kg NA NA NA NA NA NA Bromoform -_ 0.050 0.050 mg, kg NA NA NA NA NA NA Bromomethane 0.050 0.050 mgikg NA NA NA NA NA NA Carbon tetrachloride 0.050 0.050 mgrkg NA NA NA NA NA NA Chlorobenzene 0.050 0.050 mg /kg NA NA NA NA NA NA Chlorodibromomethane 0.050 0.050 mg kg NA NA NA N, ;% NA NA Chloroethane 0.050 0.050 mgikg NA NA NA NA NA NA Chloroform <0050 0.050 mgrkg NA NA NA NA NA NA Chloromethane 0.050 0.050 mg/kg NA NA NA NA NA NA cis -1,2- Dichloroethene 0.050 0.050 mg ?kg NA NA NA NA NA NA cis- 1,3- Dichloropropylene 0.050 0.050 mg'kg NA NA NA NA NA NA Dibromomethane -0.050 0.050 mgrkg NA NA NA NA NA NA Dichlorodifluoromethane.0.050 0.050 mg /kg NA NA NA NA NA NA Dichlorofluoromethane X0.050 0.050 mg,,kg NA NA NA NA NA NA Ethyl Ether -: 0.050 0.050 mg /kg NA NA NA NA NA NA Prepared: 05118f04 Analyzed: 05, Notes EPA Lab ID: MN00063 11% res+ fs w lhi.c report airrrly onto x> the wnyaes antih_,d m accordance wish the chain n1 cervindP clocunreru. 1 his analWical rehorl na1w he re/- roduced br lt.e entirely. Page 29 of 34 1� 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 - 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Cl ient Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. An thony MN, 55418 PO Number: Account ID: 06/04/04 09:49 Volatile Organic Compounds - Quality Control Batch B4E0160 - EPA 5035 Method Blank (B4E0160 -BLKI) Prepared: 05/18104 Analyzed: 05 /19/04 Analyte Result MRL Units Spike Level Source Result '.REC %REC Limits RPD RPD Limit Notes Etylbenzene -_0.050 0.050 mgikg NA NA NA NA NA _. NA Hexachlorobutadiene <0.10 0.10 mgikg NA NA NA NA NA NA lsopropylbenzene <025 025 mgikg NA NA NA NA NA NA m,p- Xylenes 0.050 0,050 mg/kg NA NA NA NA NA NA Methyl Isobutyl Ketone 1 025 025 mgikg NA NA NA NA NA NA Methylene chloride <0.25 025 mg /kg NA NA NA NA NA NA Methyl -t -butyl ether - 0.050 0.050 mg, kg NA NA NA NA NA NA Naphthalenes 0.050 0.050 mgikg NA NA NA NA NA NA n- Butylbenzene 0.050 0.050 rng kg NA NA NA NA NA NA n- Propylbenzene 0.050 0.050 mgikg NA NA NA NA NA NA o- Xylene <0.050 0.050 mgikg NA NA NA NA NA NA sec - Butylbenzene =0.050 0.050 mg/kg NA NA NA NA NA NA Styrene 0.25 0.25 rug kg NA NA NA NA NA NA tert- Butylbenzene <O.D50 0.050 ntg;kg NA NA NA NA NA NA Tetrachloroethene 0,10 0.10 mgikg NA NA NA NA NA NA Tetrahydrofuran <0.25 0 mg /kg NA NA NA NA NA NA Toluene 0.050 0.(,1x0 rnRtkg NA NA NA NA NA NA trans- l,2- Diehloroethene 0.050 0.050 mgikg NA NA NA NA NA NA trans- l,3- Dieliloi opt opene 0.050 0.050 mg /kg NA NA NA NA NA NA Triehlorofluoromethane ; 0.050 0.050 mgikg NA NA Nl NA NA NA Vinyl chloride 0.050 0.050 mg /kg NA NA NA NA NA NA Surrogate:l,2-I)lchloroethane-dd 25? vg 25.0 A,4 101 81 -127 Surrogate:4- Brontgfluorobenzene -3.3 uql, 25.0 AA 93 74 -117 Surrogate: DibromgJluoromethane 2l -' ug L 250 ;'9 {4 98.8 79 -127 Surrogate: Tohrene -d8 211 ug 1, 25.0 A'14 96.4 82 -115 Laboratory Control Sample (B4E0160 -BSI) Prepared: 05/18/04 Analyzed: 05/19/04 Analyte Result NIRL Units Spike Level Source Result ',oREC %REC Limits RPD RPD Limit 1, 1, 1,2-Tetachloroethane 1.36 0.050 mg/kg 1.25 NA 109 80 -120 NA NA 1,1,1- Trichloroethane 128 0.050 mg/kg 125 NA 102 80 -120 NA NA 1,1,2,2- Tetrachloroethane 137 0.050 mg -kg 125 NA 110 80 -120 NA NA 1,1,2- Trichloroethane 1.>", 0.050 m5 1.25 NA 106 80 -120 NA NA 1,1,2- Trichloroethylene 2.5 2.5 mg /kg 1.25 NA 108 80 -120 NA NA 1,1,2- Trichlorotrifluoroethane 1.26 0.050 mgikg 125 NA 101 80 -120 NA NA 1, 1 -Diehl oroethane 1.23 0.050 mgikg 125 NA 98.4 80 -120 NA NA 1,1- Dichloroethene 1,30 0.050 mgikg 1.25 NA 104 80 -120 NA NA LI- Dichloropropene 1.32 0.050 mg/kg 1.25 NA 106 80 -120 NA NA 1,2,3 - Trichlorobenzene 1,47 0,050 mg/kg 1.25 N;k 118 80 -120 NA NA 1,2,3- Trichloropropane 1.39 0,050 mgikg 1.25 NA III 80 -120 NA NA 1,2,4 - Trichlorobenzene 1,45 0.050 mgkg 1.25 NA 116 80 -120 NA NA 1,2,4- Trirrtethylbenzene 1.40 0.050 mg /kg 1.25 NA 112 80 -120 NA NA 1,2- Dibrmno- 3- chloropropane 1.35 0.050 mg 'kg L25 NA 108 80 -120 NA NA 1,2- Dibromoethane 1.38 0.050 mgikg 125 NA 110 80 -120 NA NA 1,2- Dichlorobenzene 1.38 0.050 mg /kg 1.25 NA 110 80 -120 NA NA Notes EPA Lab ID: MN00063 14e rrsult, in rhra r •port al .'tr only to the sanrple.c cnutlyaul r trccordarue i, ah rive chur =v o£cu.ctrtdr� d« stamen!_ / /ris analPttcal reharl rntECl be reproduced in ils entirety. Page 30 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number. ACCOttnt ID: 06ib4/0409:49 Volatile Organic Compounds - Quality Control Batch B4E0160 - EPA 5035 Laboratory Control Sample (B4E0160 -BSI) Prepared: 05/18/04 Analyzed: 05/19/04 Notes EPA Lab ID: MN00063 the :-es :rfis in !l,lc 1 , e 1,01-1 ap "tv on/y to the unnple, analy -ed in accordance frith the chain al e :randy document l :iris analytical r eport crust be reproduced tit its ell orely. Page 31 of 34 Spike Somme °'REC RPD Analyte Result MRL. Units Level Result %REC Limits RPD Limit 1,2- Dichloroethane LM 0.050 mg /kg 125 NA 102 80 -120 NA NA 1,2- Dichloropropane 1.33 0.050 mgikg 1.25 NA 106 80.120 NA NA 1,3,5= rrimethylbenzene 138 0.050 mg /kg 1.25 NA 110 80 -120 NA NA 1,3- Dichlorobenzene 1.33 0.050 mg /kg 1.25 NA 106 80 -120 NA NA 1,3- Dichloropropane 1,35 0.050 mg /kg 1.25 NA 108 80 -120 NA NA 1,4- Dichlorobenzene 1.32 0.050 mgikg 125 NA 106 80 -120 NA NA 2,2- Dichloropropane 1.29 0.050 mg kg 125 NA 103 80 -120 NA NA 2- Butanone (MEK) 1,21 0.50 rng;ke 125 NA 96.8 80 -120 NA NA 2- Chlorotoluene 1.35 0.050 mg ,'kg 1.25 NA 108 80 -120 NA NA 4- Chlorotoluene 1.35 0950 mgikg 1.25 NA 108 80 -120 NA NA 4- Isopropyltoluene 1,40 0.050 mg /kg 1.25 NA 112 80 -120 NA NA Acetone 1,21 1 mg /kg 1.25 NA 96.8 80 -120 NA NA Allyl Chloride 1.31 0.050 mgikg 125 NA 105 80 -120 NA NA Benzene 1.33 0.050 mgikg 1.25 NA 106 80 -120 NA NA Bromobenzene 1.36 0.050 mgikg 1.25 NA 109 80 -120 NA NA Bromochloromethane 1.30 0.050 mgikg 125 NA 104 80 -120 NA NA Bromodichloromethane 1.34 0.050 mgikg 1.25 NA 107 80 -120 NA NA Bromofonn 1.39 0.050 mg /kg 1.25 NA 111 80 -120 NA NA Bromomethane 1.19 0.050 mg /kg 1.25 NA 952 80 -120 NA NA Carbon tetrachloride 1.33 0.050 mgikg 1.25 NA 106 80 -120 NA NA Chlorobenzene 135 0.050 mg /kg 1.25 NA 108 80 -120 NA NA Chlorodibromomethane 1. 0.050 mgikg 1.25 NA 108 80 -120 NA NA Chloroethane L20 0,050 mgikg 1.25 NA 969 80 -120 NA NA Chloroform 1.28 0.050 mgikg 125 NA 102 80 -120 NA NA Chloromethane 121 0.050 mg/kg 1.25 NA 96.8 80 -120 NA NA cis- 1,2-Di chloroethene L311 0.050 mgikg 1.25 NA 105 80 -120 NA NA cis- 1,3- Dichloropropylene 1.3 (1 0.050 mg/kg 125 NA 109 80 -120 NA NA Dibromomethane 1.36 0.050 mg /kg 135 NA 109 80-120 NA NA Dichlorodifluorotnethane 120 0.050 mgikg 125 NA 96.0 80 -120 NA NA Dichlorofluoromethane 122 0,050 Ing kg 125 NA 97.6 80 -120 NA NA Ethyl Ether 1.28 0.050 mgikg 1.25 NA 102 80 -120 NA NA Ethylbenzene 1.41 0.050 mgikg 1.25 NA 113 80-120 NA NA Hexachlorobutadiene 1,43 0,10 mgikg L25 NA 114 80 -120 NA NA Isopropylbenzene 1.43 0,25 mgikg 1.25 NA 114 80 -120 NA NA m,p- Xylenes 2.78 0.050 mg /kg 2.50 NA III 80 -120 NA NA Methyl Isobutyl Ketone 1,25 0.25 mg /kg 1.25 NA 100 80 -120 NA NA Methylene chloride 1.25 0.25 mgikg 1.25 NA 100 80 -120 NA NA Methyl -t -butyl ether 1.39 0.050 mgkg 1.25 NA 111 80 -120 NA NA Naphthalene 1.42 0050 mgikg 1.25 NA 114 80 -120 NA NA n- Butylbenzene 1.40 0.050 1 gikg 125 NA 112 80 -120 NA NA n- Propylbenzene 136 0.050 mgikg 1.25 NA 109 80 -120 NA NA o- Xylene 1.37 0,050 mg/kg 1.25 NA 110 80 -120 NA NA sea Butylbenzene 1.39 0.050 mg,7 g 25 NA ill 80 -120 NA NA Styrene 1.37 0,25 mgikg 1.25 \A 110 80 -120 NA NA tent- Butylbenzene 1.41 0.050 mg/kg 1.25 NA 113 80 -120 NA NA Tetrachloroethene 1.50 0 mgikg 1.25 NA 120 80 -120 NA NA Tetiahydrofuran 1.26 025 mg /kg 1.25 NA 101 80 -120 NA NA Prepared: 05/18/04 Analyzed: 05/19/04 Notes EPA Lab ID: MN00063 the :-es :rfis in !l,lc 1 , e 1,01-1 ap "tv on/y to the unnple, analy -ed in accordance frith the chain al e :randy document l :iris analytical r eport crust be reproduced tit its ell orely. Page 31 of 34 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55 418 PO Number: Toluene .Account 1D: 06/04/04 09:49 Volatile Organic Compounds - Quality Control Batch 134E0160 - EPA 5035 Laboratory Control Sample (B4E0160 -BSl) Prepared: 05/18/04 Analyzed: 05 /19/04 Analyte Result MRL Units Spike Level Source Result %REC %REC Limits RPD RPD Limit Notes Toluene 1,,7 0,050 ntg /kg 1.25 NA 110 80 -120 NA NA ._. trans -1,2- Dichloroethene 131 0.050 nrg /kg 1.25 NA 107 80 -120 NA NA trans- 1,3- Dicbloropropene 1.39 0.050 mg, kg 125 NA 111 80 -120 NA NA Trichlorofluoromethane 135 0.050 mgikg 125 NA 100 80 -120 NA NA Vinyl chloride 1.15 0.050 ntg,'kg 1.25 NA 92.0 80 -120 NA NA Surrogate: 1,2- Dichloroethene -(14 33.7 0.050 ug L 25.0 N0- 94.8 81 -177 1.60 20 Surrogate: -l- Bromolluoroben_ene 25.3 0.050 ug 1. 250 AA 10/ 74 -117 3.20 20 Surrogate: Dibromofluoromethone 14.3 0.050 erg 1. 25.0 N,1 97.2 79-127 3.03 20 Surrogate: Toluene -d8 25,2 0.050 lig /. 25.0 ,I 1 01 h3 -115 2.25 20 Laboratory Control Sample Duplicate (B4E0160 -BSD1) Prepared: 05/18/04 Analyzed: 05/19/04 Analyte Result MRL Units Spike Level Source Result %REC %REC Limits RPD RPD Limit Notes 1,1,1,2- Tetrachloroethane 1.36 0.050 mgikg 1.25 NA 109 80 -120 0.00 20 1,1,1- Trichloroethane 1.30 0.050 ing kg 1.25 NA 104 80_120 1.55 20 1,1,2,2- Tetrachloroethane 1.34 0,050 mg /kg 125 NA 107 80 -120 2.21 20 1,1,2- Tricliloroethane 1.34 0.050 mgikg 125 NA 107 80-120 0.749 20 1,1,2- Tricliloroethylene 2.5 15 ing,'kg 1.25 NA 109 80 -120 0.738 20 1,1,2- Trichlorotrifluoroethane 124 0.050 mg/kg L25 NA 992 80 -120 1.60 20 1,1- Dichloroethane 137 0.050 mgikg 125 NA 102 80- 120 3.20 20 I,l- Dichloroethene 1.34 0.050 ingrkg 125 NA 107 80 -120 3.03 20 1,1- Dichloropropene 1.35 0.050 mgikg 135 NA 108 80 -120 2.25 20 1,2,3- Tiichlorobenzene 1.54 0.050 mg,'kg 1.25 NA 123 80 -120 4.65 20 1,2,3- Tiichloropropane 131 0.050 nrg/kg 1.25 NA 105 80 -120 5.93 20 1,2,4- Triehloiobenzene 1.46 0.050 nrg'kg 1.25 NA 117 80- 120 0.687 20 1,2,4- Trimethylbenzene 39 0050 mg %kg 1.25 NA I11 80 -120 0.717 20 1,2- Dibromo- 3- chloropiopane 3" 0 mgikg 1.25 NA 110 80 -120 1.47 20 1,2- Dibromoethane 1.43 0.050 mgikg 1.25 NA 114 80 -120 3.56 20 1,2- Dichlorobenzene 1.40 0.050 mg, kg 125 NA 112 80 -120 1.44 20 1,2- Dichloroethane 1.30 0.050 ingikg 1.25 NA 104 80 -120 1.55 20 1,2- Dichloropropane L35 0.050 mg /kg 125 NA 108 80 -120 1.49 20 1,3,5- Trimedtylbenzene 1.40 0.050 mg kg 1.25 NA 112 80 -120 1.44 20 1,3- Dichlorobenzene 1.34 0.050 mgikg 1.25 NA 107 80 -120 0.749 20 1,3- Dichloropropane 1.37 0.050 mg /kg 135 NA 110 80 -120 1.47 20 1,4- Dichlorobenzene 1.32 0.050 mgikg 1.25 NA 106 80 -120 0.00 20 2,2- Dichloropropane 128 0.050 mg -kg 1.25 NA 102 80 -120 0.778 20 2- Butanone(MEK) 1.27 0.50 mgikg 1.25 NA 102 80 -120 4.84 20 2- Chlorotoluene 1.37 0.050 mg /kg 1.25 NA 110 80 -120 1.47 20 4- Chlorotoluene 35 0.050 mg:'kg 1.25 NA 108 80 -120 0.00 20 4- Isopropyltoluene 1.39 0.050 mgikg 1.25 NA 111 80 -120 0.717 20 Acetone 1.24 1.0 mgikg 125 NA 99.2 80 -120 2.45 20 Allyl Chloride 1.30 0.050 mg /kg 1.25 NA 104 80 -120 0.766 20 Benzene I.33 0,050 nig`kg 1.25 N.A 106 80 -120 0.00 20 Bromobenzene 1.35 0.050 mgikg 125 NA 108 80 -120 0.738 20 Bromochloromethane 129 0.050 mgikg 1.25 NI; 103 80- 120 0.772 20 EPA Lab ID: MN00063 I'hr rewth, in ihry report up;, {r only to the v01111 analcacd in accordance muh the ch,m? ofcusltn11 do,ument. This onahv(al rcpnri mm / be reprorhiceclIn its enore(t'. Page 32 of 34 BRAUN INTERTEC 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Diversified Environmental, Inc. Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0400101 3620 Edward St. NE Client Contact: Mr. Doug Bergstrom Project Mgr: Thomas P. Wagner Date Reported: St. Anthony MN, 55418 PO Number: Bromofonn Account ID: 06/04/04 09:49 Volatile Organic Compounds - Quality Control Batch 134E0160 - EPA 5035 Laboratory Control Sample Duplicate (B4E0160 -BSDI) Analyte Result MRL Units Spike Level Bromodichloromethane 1.33 0.050 mgfkg 1.25 Bromofonn 1,36 0,050 mgrkg 1.25 Bromomethane 1.22 0.050 mgrkg 1.25 Carbon tetrachloride 1.32 0.050 mg/kg 1.25 Chlorobenzene 134 0.050 mgrkg 1,25 Chlorodibromomethane 1.35 0,050 mgrk, 125 Chloroethane 121 0,050 ntg:'kg 125 Chloroform 1.30 0.050 mgrkg 125 Chloromethane 123 0.050 mgkg 125 cis -1,2- Dichloroethene 1.31 0,050 mg /kg 1,25 cis- 1,3- Dichloropropylene 1.39 0.050 mg/kg 1.25 Dibromomethane 1.3 1 2 0.050 mgrkg 1.25 Dichlorodifluoromethane 123 0.050 mgrkg 1.25 Dichlorofluoromethane 1.25 0.050 mgkg 125 Ethyl Ether 127 0.050 mgrkg 1.25 Ethylbenzene 1.42 0.050 mg /kg 1.25 Hexachlorobutadiene 1.46 0.10 mgkg 1.25 Isopropylbenzene 1.40 U5 mgrkg 1.25 m,p- Xylenes 2,76 0.050 mg /kg 150 Methyl Isobutyl Ketone 125 025 mgkg L25 Methylene chloride 1.2 3 025 mgrkg 1.25 Methyl -t -butyl ether 1.39 0.050 mgrkg 1.25 Naphthalene IAS 4050 mg,'kg 1.25 n- Butylbenzene L40 0.050 mg/kg 125 n- Propylbenzene 1.41 0.050 mgrkg 125 o- Xylene 1.35 0,050 mg/kg 1.25 sec - Butylbenzene 1.40 0.050 mg/kg 1.25 Styrene 134 025 mgrkg 125 test- Butylbenzene 1,42 0,050 mgrkg 1.25 Tetrachloroethene 1.5 3 0.10 mg /kg 1.25 Tetrahydrofuran 1.33 0.25 mgrkg 1.25 Toluene 138 0.050 mgrkg 1.25 trans -1,2- Dichloroethene 1.33 3 0,050 mgkg 1.25 trans- l,3- Dichloropropene 1.40 0.050 mgkg 1.25 Trichlorofluoromethane 1,2" 0.050 mg /kg 1.25 Vinyl chloride 1.14 0.050 mgrkg 1.25 Surrogale: / 2- Dichloroethane -tN 23,5 NA ug 1, 25.0 Surrogate: 4- Bronwfluorobenzene 24, AA rig 1, 25.0 Surrogate: D7bronrolluoromelhane 25.0 NA ugl, 25.0 Surrogate: Toluene -dS ?5 4 NA ug 1, 25,0 EPA Lab ID: MN00063 l he rcesuhe in dii.s report op xh only lo the samples analteed m accordance n ah the Chain qJ Cusrodt do: rumen[ i'hrs anal nLal report nnw be rcprzxluced in its entireltc Page 33 of 34 Prepared: 05 /18/04 Analyzed: 05/19/04 Source ° -oREC RPD Result ioREC Limits RPD Limit Notes NA 106 80 -120 0.749 20 N:. 109 80 -120 2.18 20 NA 97.6 80 -120 2.49 20 NA 106 80 -120 0.755 20 NA 107 80- 120 0,743 20 NA 108 80 -120 0.00 20 NA 96.8 80- 120 0.830 20 NA 104 80 -120 1.55 20 NA 984 80 -120 1.64 20 NA 105 80 -120 0.00 20 NA 111 80 -120 2.18 20 NA 106 80 -120 2.99 20 NA 984 80 -120 2.47 20 NA 100 80 -120 2.43 20 NA 102 80- 120 0.784 20 NA 114 80 -120 0.707 20 NA 117 80 -120 2.08 20 NA 112 80- 120 212 20 N \ 110 80- 120 0.722 20 NA 100 80 -120 0.00 20 NA 98.4 80 -120 1.61 20 NA 111 80 -120 0.00 20 NA 118 80 -120 4.14 20 NA 112 80 -120 0.00 20 NA 113 80 -120 3.61 20 NA 108 80 -120 1.47 20 NA 112 80 -120 0.717 20 NA 107 80 -120 2.21 20 NA 114 80 -120 0]07 20 NA 122 80 -120 1.98 20 NA 106 80 -120 5.41 20 NA 110 80 -120 0.727 20 NA 106 80- 120 0.749 20 NA 112 80 -120 0.717 20 NA 102 80 -120 1.59 20 NA 912 80- 120 0.873 20 AA 94.0 8I -127. .___ _..._. ...._ ...... NA 96S 74-117 NA 100 79 -127 N 102 82 -115 EPA Lab ID: MN00063 l he rcesuhe in dii.s report op xh only lo the samples analteed m accordance n ah the Chain qJ Cusrodt do: rumen[ i'hrs anal nLal report nnw be rcprzxluced in its entireltc Page 33 of 34 EOM /9 :aIsQ an110943 Z OSS- OOS\ saoin aasxuai {olswjo -d\oo- yptsdnoao\ :j CO'ZOso # wao� ENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAY (763) 493 -5193 e -mail law @ jensen- sondrall.com GORDON L. JENSEN' CLARISSA M. KLUG GLEN A. NORTON AMY E. PAPENHAUSEN STEVEN A.SONDRALL ARIL T. STIENESSEN STAGY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association March 10, 2006 Daniel J. Donahue City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 ,j��,�l�l'� Writer's Direct Dial No.: (763) 201 -0211 e -mail sas@cjensen- sondrall.com Re: Claim Against Unical /5550 Winnetka Avenue Cleanup Reimbursement Our File No. 99.11323 Dear Dan: Please find enclosed a copy of a March 8, 2006 letter and billing statement from Joseph Maternowski regarding our claim against Unical. I recommend this billing statement for payment. Please contact me if you have any questions regarding the statement. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosure(s) cc: Daryl Sulander, Finance Director, City of New Hope w /enc.) Joseph G. Maternowski, Esq. P: \Attomey1SAS \1 Client Files \2 City of New Hope \99- 11323(Unoca1)\Itr -003 Donhue Ltr.doc MOSS & BARNETT JOSEPH G. MATERNOWSKI 612.347.0286 Mate rnowskil(c7r moss- barnett.com www. Env iroAttorney. net RECEIVED MAR 0 0 2006 March 8, 2006 Mr. Steven Sondrall Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 -1968 Re: City of New Hope Statement for Services Rendered Through February, 2006 Dear Steve: A Professional Association 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, TAN 55402 -4129 Telephone 612.347.0300 Facsimile 612.339.6686 ww-w. moss- barnett. corn I am enclosing Moss & Barnett's Invoice No. 433836 for professional services rendered through February, 2006, with regard to Unocal matter. It is a pleasure to work with you on this matter. We understand that you will review this invoice and forward it to the City for payment. If you have any questions relating to this invoice or any aspect of this representation please do not hesitate to contact me. Best regards, Si cerely, Jos ph G. Maternowski JG /cag 1387vl i_.� t IN ACCOUNT WITH MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4800 WELLS FARGO CENTER • 90 SOUTH SEVENTH STREET • MINNEAPOLIS, MN 55402 (612) 347 -0300 Federal Tax Id # 41- 0943845 March 6, 2006 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE MN 55428 -4843 For Professional Services Rendered in Connection With: Matter: 47546.000001 Unocal Cost Recovery Claim 02/04/06 Read and examine file documents provided by Client: 47546 Invoice # 433836 02/28/06 Prepare revisions to demand letter to Unocal; examine background information and prepare revisions as may be appropriate to reflect past activities at the site; confer with Mr. Steve Sondrall regarding status and need for review of the file related to the cleanup. J MATERNOWSKI .65 hours at 315.00 per hour. 204.75 City of New Hope. M KOSTOLNIK 30 hours at 200.00 per hour. 60.00 02/06/06 Examine background of claims involving property with Unocal station; review background and past discussions about clean up completed to date; confer with Mr. Steve Sondrall regarding representation and assistance for the City in pressing its claim and negotiating with Unocal. J MATERNOWSKI .50 hours at 315.00 per hour. 157.50 02/21/06 Discussion regarding status of City of New Hope engagement. M KOSTOLNIK .50 hours at 200.00 per hour. 100.00 02/24/06 Confer with Mr. Steve Sondrall regarding strategy for engaging Unocal on cost recovery claim; review potential steps in the process and -timing of Contact. J MATERNOWSKI .35 hours at 315.00 per Hour. 110.25 02/28/06 Prepare revisions to demand letter to Unocal; examine background information and prepare revisions as may be appropriate to reflect past activities at the site; confer with Mr. Steve Sondrall regarding status and need for review of the file related to the cleanup. J MATERNOWSKI .65 hours at 315.00 per hour. 204.75 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 433836 02/28/06 Prepare demand letter to Unocal; examine all file materials to prepare demand letter to Unocal; perform legal research regarding private cost recovery action under common law and environmental statutes. M KOSTOLNIK 4.30 hours at 200.00 per hour. March 6, 2006 Page 2 Total For Services $1,492.50 Total This Invoice $1,492.50 IN ACCOUNT WITH I kyj :�'�j A PROFESSIONAL ASSOCIATION 4800 WELLS FARGO CENTER • 90 SOUTH SEVENTH STREET • MINNEAPOLIS, MN 55402 (612) 347-0300 Federal Tax Id # 41-0943845 March 6, 2006 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE MN 55428-4843 Current Amount Due Amount Due Prior Invoices Amount Due Remittance Enclosed JGM Client: 47546 Invoice # 433836 $1,492.50 .00 $1,492.50 Please Remit This Page With Payment Writer's Direct Dial No.: (763) 201 -0222 e -mail cmk@jensen- sondralbcom May 27, 2005 Ms. Cheryl Cameron VIA FACSIMILE (805) 781 -2234 Unocal Corporation & U.S. MAIL P.O. Box 1069 San Luis Obispo, CA 93406 Re: 5550 Winnetka Avenue Property, New Hope MN Our File No.: 99.11323 Dear Ms. Cameron: Please accept this letter as a formal claim for reimbursement of environmental remediation expenses that our client, the Economic Development Authority in and for the City of New Hope, Minnesota (the "EDA "), incurred after purchase of the above - referenced property. Background Regarding the FDA's Acquisition As you and I have discussed informally in various telephone conversations, the EDA bought this land in the fall of 2000 from an entity known as Kiva New Hope Corporation ( "Kiva "). When reviewing documents related to the real estate, the EDA learned that petroleum tank release evidence was found in the soil and reported to the Minnesota Pollution Control Agency (MPCA) on April 28, 1988. Kiva provided various documents to the EDA regarding this contamination report. Those documents included a June 18, 1990, MPCA letter stating that testing at the site (apparently done completely or partly on behalf of Unocal) showed a contamination level that appeared "minor". A copy of that MPCA letter is enclosed as Exhibit A. Before closing on the purchase of the 5550 Winnetka Avenue Property, the EDA secured the following from Kiva: 1. A representation that no underground tanks remained on the property at the time; 2. A warranty that Kiva had not caused or permitted any of its tenants to cause the deposit of any hazardous or toxic wastes /substances on the property during Kiva's legal or e quitable ownership period; Ms. Cheryl Cameron May 27, 2005 Page 2 3. A representation that Kiva had no knowledge of contamination caused by any of Kiva's predecessors other than the release reported in the aforementioned June 18, 1990, letter from the MPCA; and 4. An assurance that Kiva would indemnify and hold the EDA harmless from any damages incurred as a result of the contamination, provided that the damages arose from contamination found to be caused by Kiva, Kiva's tenants or anyone under Kiva's co ntrol. Acquisition of 5550 Winnetka Avenue was completed in the Spring of 2000, and the EDA shortly thereafter began making arrangements for building demolition in order to prepare the site for an alternate use. Second Release Report to MPCA During the course of demolition on the site in the year 2000, petroleum- contaminated soil was discovered by the demolition contractor and reported to the MPCA. Our office notified Unocal of this contamination discovery by way of a letter dated October 3, 2000, to Mr. Jerry Purtell (returned as undeliverable) and a letter dated October 30, 2000, to Ms. Lois Bealmear. Copies of these letters are enclosed as Exhibit B. These notices explained that at the time it was the understanding of the City of New Hope (working in conjunction with the EDA on the 5550 Winnetka property) that costs incurred for future cleanup relating to the contamination would be reimbursed in part by the State of Minnesota. It was also the understanding of the City at that time that the cost of contaminated soil disposal would be approximately $2,000 to $3,000. By a "Quick Memorandum Form" dated November 2, 2000, the MPCA issued guidance on how the contaminated soils were to be treated but did not reference any reimbursement commitment on behalf of the State of Minnesota. The memorandum further stated that the MPCA had concluded that re- opening of the original leaksite file (MPCA leaksite #538) did not appear warranted. Finally, the memorandum indicated that a new leaksite file (leak #13632) was created in error (apparently in response to the contamination report by Diversified Environmental) and would be deleted. A copy of the memorandum is enclosed as Exhibit C and the cover letter forwarding the "Quick Memorandum" to Unocal is enclosed as Exhibit D. Please note that while the MPCA memorandum states that the Fall 2000 discovery of contamination was discovered by Diversified Environmental, a representative of Diversified Environmental has informed our office that the actual discovery and report were made by the demolition contractor and that Diversified Environmental consulted on the matter after the contamination report had been filed. Cleanup Work Undertaken By the EDA Preparation for cleanup of the 5550 Winnetka Avenue site began in 2004, at which time EDA consultant Diversified Environmental oversaw additional subsurface soil testing. That Ms. Cheryl Cameron May 27, 2005 Page 3 work was completed in May of 2004 and consisted of eleven (11) borings done to further supplement the environmental data given to the EDA by former owner Kiva. The test results suggested that costs for all required environmental assessment and implementation activities would be above the range cited above, but likely would not total much more than $50,000. Excavation work began in August of 2004. Soils withdrawn contained far greater contamination - both vertical and horizontal - than the combined 1988 and 2004 testing results had suggested. While a contaminated soil volume of approximately 250 to 500 cubic yards was anticipated, actual contaminated soils were found to cover virtually the entire northern half of the site. The extent of damage suggests that unusual and significant releases took place before removal of underground equipment by Unocal in connection with its demolition of the gas station formerly located on the site. The damages further suggest that the scope of contamination was not fully identified at the time of the initial investigation undertaken in 1988. Request for Reimbursement It is our office's understanding from past conversations with you that Unocal Incorporated's standard policy is to require in all claim letters for environmental damages a summary of (1) detailed documentation of the work done, (2) the amount spent on environmental remediation by the claimant, and (3) the amount, if any, reimbursed to the claimant from local, state or federal environmental cleanup fund sources. In response to those requirements we submit the following: 1. Documentation of Remediation Work Performed Remediation work completed on behalf of the EDA is summarized in the Development Response Action Plan implementation report, an excerpt of which is enclosed as Exhibit E. The full copy of the report will be provided by U.S. Mail along with the original of this Letter. 2. Amount Spent By Claimant Total remediation costs generated for work by the EDA's environmental consultant (Diversified Environmental), excavation contractor (Belair Excavating) and legal advisors (Jensen & Sondrall) total approximately $547,403 to date. These sums include fees generated by on -site monitor Braun Intertec, whose fees Diversified Environmental has been including in its billings. On behalf of the EDA we hereby request reimbursement of all environmental contractor expenses outlined below and additionally note (though it is the sincere hope of the EDA and our office that this claim can be resolved without extensive resolution discussions and without litigation) that the EDA reserves the right to seek reimbursement for City /EDA staff time expended and any other related expenses not currently documented should this Ms. Cheryl Cameron May 27, 2005 Page 4 claim not be settled by August 31, 2005, via minimal correspondence and discussion. Documentation of the EDA's environmental contractor expenses is enclosed in summary form as Exhibit F and references the invoices listed below. Complete copies of these invoices will be provided by U.S. Mail along with the original of this Letter. a. Ledger Expenses Page ending with 4/27/05 entry ($3,593.75 total) b. Ledger Expenses Page ending with 12/31/2004 entry ($542,779.84 total) C. Jensen & Sondrall Invoice dated 5/20/2005 ($455.00 line item) d. Memo from Jensen & Sondrall estimating May billing amount e. ($575.00 estimate) 3. Amount of Claimant Expenditures Reimbursed None of the above - reported expenditures have been reimbursed by the MPCA, the Minnesota Petro Fund, or any other environmental cleanup funding source. Credits allocated to the cleanup to reduce the overall bottom line cost to the EDA are indicated on the enclosed ledger pages were excluded from the individual page totals reported above. The various documents dated 1999 and earlier on file regarding the property's condition are fairly voluminous and are not included with the facsimile copy of this letter but will be included when we submit the letter to you by regular U.S. mail. We thank you for your time and attention to this matter. Please feel free to contact us with any questions you may have. Sincerely, Clarissa M. Klug Attorney for City of New Hope, Minnesota & New Hope Economic Development Authority Enclosure(s) P: \AttorneytCmk \Clients \CNA \99 - 11323 \99 - 11323- 009 -Ltr to C Cameron (Unocal).doc 1 11 To: City Manager City Council Valerie Leone, City Clerk From: Kirk McDonald, Director of Community Development Date: April 26, 2005 Subject: 5550 Winnetka Avenue In follow up to the March 7, 2005, Council work session regarding contamination cleanup issues at 5550 Winnetka Avenue, staff wanted to provide the Council with the latest update and information from the city attorney's office. 1. Previous Prgperty Ownership - The city attorney's office has provided the attached memorandum in follow up to the Council's request for information on previous owners of the property. 2. Claim A-ainst Unocal - After receiving direction at the March 7 City Council work session, the city attorney's office began work on submitting a claim letter to Unocal. However, Chevron bought out Unocal in early April and the claim letter submittal process was delayed for several weeks to determine if the buyout would have an impact on the claim submittal process. The city attorney's office recently contacted Unocal who reported that the Security's Exchange Commission would need to approve the buyout and that could take up to six months. Unocal representative stated that business would proceed as usual up until that time and confirmed that the buyout would not change the claims procedure process. Therefore, the city attorney's office will proceed to complete the claim submittal letter and forward to Unocal no later than the first week of May. Staff will keep the City Council informed about the response from Unocal. Enclosure: April 25 City Attorney Memo Cc: Steve Sondrall, City Attorney Clarissa Klug, Assistant City Attorney Daryl Sulander, Director of Finance Shawn Siders, Community Development Specialist Improvement Project #697 NSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail law@jensen- sondrall.com 0 A , Date: Aril 25, 2005 To: Kirk McDonald From: Clarissa M. Klu Re: Winnetka East: Pre 1959 owners of 5550 Winnetka (Our File No. 99.11246) This memo outlines our office's research in Hennepin County's property archives as to pre - 1959/1960 ownership of the portion of Auditor's Subdivision No. 226 that was used as a Unocal gas station in the 1960s and early 1970s. This area was, at least at the time the City acquired it in the year 2000, known as 5550 Winnetka Avenue. Please accept our apologies for the delay in providing this report. We unfortunately were unable to negotiate a reasonable fee for a partial owner history summary from Old Republic or one of our other title company contacts, and wanted to keep your costs down by arranging to do the research for you in conjunction with other property records review undertaken by either the City Attorney or Assistant City Attorney. The opportunity to combine the research with other tasks required of our office at the courthouse finally arose last week. Development of the 5550 parcel into a gas station appears to have been initially undertaken by an entity known as Station Development Corporation. That entity owned the land in the reported construction year of 1959 and then transferred it to an entity known as Mardevco Inc. in 1960, which entity later transferred the land to Union Oil of California (in 1975). That same year Union Oil of California sold to Denny's. Land for the gas station appears to have been acquired by Station Development Corporation in 1957 in two separate transactions. Given the grantor names on file (Stanley Pond Services, Inc. and Stanley E. Pond) the sellers appear related. Owners of this area of Auditor's Subdivision No. 226 before 1957 are as follows: Owner Year Acquired Ms. Eva Barr 1955 Hippe Construction Company 1954 Mr. Paul E. McLaughlin 1954 Sina Thompson ? TL Thompson 1950/1952 Emma Hartwig ? August Hartwig Est. Aud. Sub, No. 226 in 1934 As a reminder, Union Oil of California sold the land to Denny's Inc. in about 1975, who sold to Bosa Donuts in 1985/1986. We can reconfirm if necessary, but Bosa presumably transferred the land to Kiva New Hope Corporation, who sold to the City in April of 2000. In the event that Unocal is unwilling to reimburse all remediation costs we would be happy to look at the potential for recovering from its predecessors and /or from the parties who went into title after the gas station was demolished. Given its overall policy for dealing with contamination at old sites Unocal appears, however, to be the most likely source for a successful claim at this time. P:\Attomey \Cmk \Clients \CNA\99 - 11323 \99 - 11323- 008 -Memo to Kirk re pre Unocal owners.doc COUNCIL REQUEST FOR ,ACTION Originating Department Approved for Agenda Agenda Section Community Development 11 -08 -04 Consent Item No. By: Amy Baldwin, CD Asst. Kirk McDonald, CD Director By: 6.10 MOTION APPROVING FINAL PAYMENT TO BELAIR EXCAVATING IN THE AMOUNT OF $498,040.69 FOR EXCAVATION AND SANITARY SEWER SERVICES AT 5550 WINNETKA AVENUE AND 7809 BASS LAKE ROAD (IMPROVEMENT PROJECT NO. 697) ACTION REQUESTED Staff recommends approval of a motion authorizing final payment in the amount of $498,040.69 to Belair Excavating for the city contract of soil excavation and sanitary sewer services at 5550 Winnetka and 7809 Bass Lake Road. POLICY /PAST PRACTICE Before final payment is made for city contracts, the request is brought before the Council for approval. BACKGROUND On July 26, 2004, the Council awarded a contract to complete the soil excavation to Belair Excavating, who submitted the low quote. Belair Excavating has completed the work and submitted an invoice in the amount of $498,040.69. While the volume of contaminated soil exceeded the estimate in the request for quotes, the final invoice submitted is based on the per unit pricing identified in the quote. The city's environmental consultant inspected the project, reviewed the invoice and recommends final payment. FUNDING The subject property is located in an area where TIF funds can be expended. TIF funds will be used to cover the costs and will be reimbursed by the Department of Employment and Economic Development and Metropolitan Council grant funds, if awarded. If the grant requests are fully funded, the final expense for this contract will be around $60,000 (12% required local match). MOTION BY j _ ? 1 ,�, SECOND BY , TO: I: \RFA \PLANNING \Housin \East Winnetka Redevelo ment \Q -5550 Wtka Excavation Final Payment Request for Action Page 2 11 -08 -04 ATTACHMENTS • Belair Excavating Invoice L AI R INV ®ICE E X C A V A T I N G �T 2200 OLD HIGHWAY 8 NW 1 r s 42116 NEW BRIGHTON, MN 55112 651.786.1300 • FAX 651.786.0769 PAGE 1 belairexcavating.com B J 81002 I NEW HOPE ECONOMIC DEV. AUTH. O BOSH DONUT L C/O DIVERSIFIED ENVIRON., INC. B 5550 WINNETKA AVE. L 3620 EDWARD ST. NE & 7809 BASS LAKE RD. ST. ANTHONY, MN 55418 N NEW HOPE, MN T O O LS PER ATTACHED DETAIL C G c 0 m 0 0 C U) 2 iti O J U) U) U) 0 L CD -E tLL o C z U- z a cc cli to C" 1-t CD a 0 CD CD (n I,- C14 U) C) CD 0 CD CD w CD Go co CD ce) U') CD I- cli LO I- le N W) tl- 1 m 1 1 C) 1 Ln 1 to I-- lvq Ln = 0 '4 (6 (6 L6 06 D C1.3*� V} 6 619. 60913V W. W., W. 5i} #. 611). 6} V)l c') r I to Im C) CD C) C) ,:, C � C) CD C) CD co V) 0) C) CD a C) C) C) CD C � :D C) q C) (6 6 ci Ci Lri LO* cq in lo a* 10 C:) Lo' 43 cq CD LO t-- cl, U-3 N W -- r-- r C) LO (0 t— L ,(l LO C L 6 rz D 6% &!k 6 6 6 6 6"). w. 6 6.). 6, E E E E E :3 cn = CD = = W to = cn cu N w c w c w a a a CL E E l rx cl E E cl E 0 0 0 0 0 -j = to 0 -i 7 = J -i = -i fl- M co r.- CD 0 I- LO Ln 04 w IT co co ti (D co co co m m r-- v (6 vi C'i C6 0 CD C.) -0 in 0 > 0 E co Cl) E a m 0 w C .0 u c 4) L rx 2� > m a) 0) .9 a- a ❑ 0 '4- a. 3 0 = , = CL W > m w - > (a L) a -00 MO Z > 0 CD > U) a) 0 0 0 . t ca cn 2 o r- C/5 = C/) m a) E 0 - > o = S Q'S E E cj m r m CJ 0 0 W 0 0 06 ca ca ca — r- — Co C) 0 V- Cl — Cl > C: CD C: 0 0000 > m E 3: 0 m 0 < 0� w WW z E C) a) 11/09/200A TUE 11;56 FAX 651 282 3709 WITHHOLDING TAX II - 9 -06, 1 1. 36PM; 49 I a I r rn MINNESOTA° RE'VENU'E • r r ; i I ge. r This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors.. IN-FA Please type or print clearly- This will be your mailing' label for returning the completed form_ l camc3nymme r -- — - - -1 Doytimcphone Mlnneseta tax 10number 1 6286388 Belair Builders, Inc_ ( (ast) 786 - 1300 ( AddrdSS ( Tots! Montrv/eyrworkbeVn ( 2200 Old Highway 8 NW ( $ 498,040 -69 August, 2004 (city state ZlpCoda ( Anbuntwildue MeotryyearworkrnQed ` New Brighton _ MN 65112 J S 498 ,040 - 69 October, 2004 Prokot nutrtLer Pm)ambcatfon 5550 Winnetka Ave_, 7809 Bass Lak Rd., New Hope, MN PMJ*0towner Address City Stara Zip code City of New Hope 4401 XYlon Ave. No. New Hope MN 55428 Did you have emdoyees work on this protect? ✓IYes [IN. It n, who d)d trio work? Check the box that describes your Involvement In the project and - fill in a0 Information requested, ❑✓ Sole contractor ❑ subcontractor Marne of corn =wrwho hired you Address [� prime eoritraotor—M you subcontracted out any work on this project, all of your subcontractors must Me their own [C134 affidavits and have there certified by the Department of Revenue before you can file your affidavit, For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134_ if you need more space, atmoh a separate sheet Busin norm Address OwrterlOfticer 1 ddaara that all information I nave f)r tea in on this form !s true and compkIte to the belt of my kaowfetlf!e and Dclw. f authofiie the Department or Rovtnuc to ai ;dose pew ent informs rerytlng to this project Including sending copies of this form, to rote nrfine contractor if t am a suncontractor, and to d bbcontractors it [*,"a e contractor, and to the eoatmoting agency. Con o sigrtaturo Title Date A,�j� A c Administrator 10/27/04 Mail to: Innesota Revenue, Mail Station 6620, St. Paul, MN 5514"610 Cert1 icate of Compliance Based on records of the Minnesota Ocpartment of Revenue, i certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290,92 and 290,97 concerning the wlthholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or Its subdivisions. O tf NOV 0 8 2 004 Stock No. 5060134 tRMt 2/033 0002/002 ;651 786 0769 It 2/ 2 ��� C'( T NTC TT �Or I Z 0 4 X 610 Originating Department I Approved for Agenda I Agenda Section Community Development 03 -07 -2005 Work Session By: Kirk McDonald, CD Director Amy Baldwin, CD Asst. Item No. DISCUSSION REGARDING CONTAMINATION CLEANUP AT 5550 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO, 697) ACTION REQUESTED The City Council directed staff to prepare information regarding the expenses associated with the contamination cleanup at 5550 Winnetka Avenue North and scheduled this work session for that discussion. A packet of information was previously distributed to the City Council; please bring this information to the meeting The city's environmental consultant and the city attorney's office will be present at the meeting to answer questions related the matter. POLICY /PAST PRACTICE The City Council has held work sessions in the past to discuss redevelopment issues. BACKGROUND The city purchased the property at 5550 Winnetka Avenue North in 2000. The existing building was then demolished. No cleanup activity was scheduled at that time because no specific project was in place. Following is a summary of the site history for the property. A Unocal gas station was built at the site in 1959 and demolished in 1975. It is staff's understanding that all of the gas station's underground tanks and piping were removed at the time of demolition. A retail food service building was then constructed at the site. A subsurface investigation was performed in 1988 as part of a proposed property sale. As a result of the investigation: o Contamination was discovered and Unocal Corporation was identified as the responsible party o A more detailed subsurface investigation was completed in 1989 by Unocal o 14 soil borings were conducted during these investigations o The Minnesota Pollution Control Agencv issued a "no further action" letter in 1990 and closed the MOTION BY SECOND BY L• \RFA \PLANNING \Housing \East W Redevelopment \WS - 5550 Wtka Contamtination Cleanup update 3- 7- 05.doc 1 Request for Action Page 2 03 -07 -05 site, finding that no remediation was required at that time because the sources of contamination (underground storage tanks and piping) had been previously removed, the potential for contaminant migration was low, and there was little or no risk of groundwater contamination. Development of the property was done through an EDA agreement with Ryland Homes, under which the EDA was responsible for environmental remediation of the site to residential development standards. On March 22, 2004, a proposal was approved from the EDA's environmental consultant, Diversified Environmental (who had assisted with the 42nd and Quebec cleanup), to oversee remediation of 5550 Winnetka. This proposal included: o Voluntary Petroleum Investigation and Cleanup (VPIC) program application and liability assurance letters through the MPCA o Additional subsurface investigation o Preparation of a Development Response Action Plan (DRAP) for MPCA approval o On -site monitoring during excavation o Excavation and related activities o Total project cost estimated at $33,000 — 56,750 The subsurface investigation, which included 11 additional borings, was conducted in May 2004 and the results suggested that assumptions regarding the initial contamination level (and cost estimate for remediation) were correct. The number and distribution of the new boring samples was typical of the testing needed to characterize the degree of subsurface contamination for this type of site. On July 26, 2004, a contract was awarded for the excavation of contaminated soils and related activities at the site. Excavation work began on August 25, 2004, and was completed September 14. The volume of petroleum contaminated soils discovered during excavation far exceeded our original estimates (13,000 tons vs. estimated 500 tons) and the following resulted: • Once the greater volume of contaminated soils was discovered, the excavation activities continued, with the EDA Executive Director's authorization, as the EDA was required to complete the cleanup in accordance to the MPCA approved plan • Total cost approximately $530,000 vs. estimate of $33,000 — 56,750 • According to the EDA's environmental consultant: • Likely that there was significant, ongoing releases beginning before the tank and pump islands were removed, and possibly significant surface spills during the time the property was used as a gas station • The level of gross, subsurface contamination discovered is unusual at this type of gas station site A memo from the environmental consultant containing this information is attached. The Development Response Action Plan Report was submitted to MPCA September 30. The report was reviewed and a response received on October 21, 2004, stating that cleanup was completed as per the plan approved by the MPCA. Sources Researched for Cost Reimbursement A variety of funding sources were reviewed once the extent of the contamination was known. A summary of those sources is attached. It was determined that the cleanup work completed could be eligible for funds from two sources, the Department of Employment and Economic Development and the Metropolitan Council. However, funds were not received from either source. Request for Action Page 3 03 -07 -05 Environmental Insurance Staff has also researched the how environmental insurance can be used in real estate transactions and development. The two most common types of environmental insurance for property owners are: o Cleanup Cost Cap (CCC) coverage protects against cost overruns for remediation projects, but can be utilized only for projects with an estimated starting cleanup cost of around $1 million or more. o Pollution Legal Liability coverage protects a property owner from liabilities incurred after a cleanup, covering unknown future environmental events and third party claims. This type of coverage is utilized for property transfers, mergers and acquisitions that involved past cleanup. ATTACHMENTS • Site Map • Boring Locations • Environmental Consultant Memo (9/20/04) • List of Funding Sources Researched 7900 7901 5539 7940 36 IM 1 54%37 F5 31 26 54427 20 5421 16 541 10 5411 06 5407 00 5401 - j DIVERSIFIED ENVIRONMENTAL, INC. Memorandum To: Kirk McDonald, Amy Baldwin; City of New Hope Steve Sondrall, Jensen and Sondrall From: Doug Bergstrom Date: 9/20/04 RE: Extent of Contaminated Soils, Former Bosa Donuts Site, 5550 Winnetka The excavation of contaminated soil is now completed at the 5550 Winnetka site, and as you are aware, the volume of contaminated soil encountered far exceeded our earlier estimates. This memo was prepared to discuss why the observed volumes excavated were not in line with those predicted. In short, the large difference between estimated and actual soil volumes is related to our earlier subsurface conceptual model for the source and distribution of contamination. Our conceptual model was based on previous drilling activities at the site (performed by multiple parties over many years) and on years of previous experience dealing with this type of contamination site. Our model was that there were three main areas of releases (the tank basin and two pump islands, locations of which were shown on historical Unocal drawings), and our model expected these areas to be the main areas of significant contamination. In addition, the nature of the subsurface soils (clayey sand) generally lends itself to a relatively predictable distribution of contamination in the subsurface from discrete sources /leaks. What was found during the excavation was that virtually the entire northern' /2 of the site was underlain by soils contaminated to the level at which they had to be removed in accordance with our MPCA- approved Development Response Action Plan (DRAP). In the DRAP, we committed to remove all contaminated soils under any proposed building footprint, and all soils exceeding 10 parts per million (as measured on a field photoionization detector) in the remainder of the site. Previous drilling activities had identified locations of contaminated and uncontaminated soils, and the observed excavated soils verified that the drilling information was generally accurate. However, virtually all areas in the northern '/z of the site not specifically tested through drilling were found to be contaminated, even though the number and distribution of boreholes from the latest round of drilling was typical to characterize subsurface contamination for this type of site. The location of boreholes and the observed extent of contamination are shown on the attached Figure 1. With what we now know, there must have been significant ongoing releases from the tank basin and pump islands, as well as from the subsurface piping between the tank basin and the islands, as well as possible significant surface spills (likely from fueling activities). This level of gross subsurface contamination is unusual at this type of site (the Belair excavation project manager said that "this was probably the most contaminated gasoline site I have ever seen "), and consequently not anticipated. The lateral and vertical extent of the contamination was not continuous, which was anticipated, but areas containing at least some contamination required incidental removal of relatively thin ( -2 feet) layers of uncontaminated soil due to the practicalities of excavation techniques and equipment. Over such a large area, this incidental removal served to increase appreciably the total volume of soils excavated and removed. Although the official volumes of soil have not yet been submitted to the City, it appears that the total volume of excavated soil will be approximately 10,000 to 12,000 tons, which closely agrees with the Braun Intertec inspector's estimate of approximately 8,000 cubic yards removed from the site (using a typical tons:volume ratio of 1.25 - 1.4). The contaminated soil excavation at the 5550 Winnetka site was planned, executed, and completed to allow the entire Winnetka Greens project to go forward, and to provide a meaningful margin of protection of human health for future redevelopment residents. While the actual costs far exceeded the initial expectations, the two goals above were successfully accomplished. The City should take pride in "doing the right thing" at this heavily contaminated site, particularly in protection of the environmental and human health. We hope this information is of use to the City in understanding the extent of the work necessary for the redevelopment of the former Bosa Donuts site. If you have any questions or concerns, please contact Doug Bergstrom at your convenience. 5550 Winnetka (BOSA Donut site) Funding Sources Researched for Cleanup Costs Petrofund • Closed LUST (leaking underground storage tank) site by MPCA • Soil excavating and disposal costs not eligible because not an MPCA ordered cleanup • Petrofund considers these type of costs to be development costs EPA Petroleum Brownfields Need to prove no other responsible party Program does not allow reimbursement for cleanup work already completed Hennepin County: Environmental Response Fund • Program does not allow reimbursement for cleanup work already completed DEED: Contamination Cleanup Grant • Pays up to 75% of the cost of cleaning contamination, including petroleum contamination from under - ground storage tanks not eligible for Petrofund • The site is expected to be improved with buildings that will provide a substantial increase to the property tax base, including housing development • Allows reimbursement for cleanup costs incurred within 180 days of MPCA approved Development Response Action Plan (DRAP) • The DRAP for this site was approved in July 2004 • $390,420 requested (75% of total cleanup cost), $0 funded • Main reasons grant not funded included zero jobs created with project, project lacked affordable housing element, minimal environmental impact (no threat groundwater contamination existed before cleanup, etc.), city demonstrated it had resources available to pay for cleanup without other subsidy Metropolitan Council: Tax Base Revitalization Account • Provides funds to cleanup contaminated land to make it available for redevelopment • Coordinated with MPCA and DEED programs • Funds may be used consistent with DEED guidelines to provide a portion of the local match required for the Contamination Cleanup Grant Program • $67,672 requested (matching funds for DEED grant), $0 funded • Main reason grant not funded was that zero jobs created Unocal (Original owner of gas station) • City attorney's office reviewing S1 V Department of Employment .® and Economic Development January 4, 2005 The Honorable Don Collier Mayor, City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Contamination Cleanup /Investigation Grant Program Site: Bosa Donut Applicant: City of New Hope Dear Mayor Collier: - The Department of Employment and Economic Development has completed its review of the applications for the Contamination Cleanup /Investigation Grant Program received on November 1, 2004. We are not able to offer you a grant this cycle because we have limited grant funds available, and competition for them was high. The next deadline for applications to the program is May 2, 2005. You are welcome to resubmit this project, or other contaminated site projects that the city of New Hope may be working on. We will be hosting application workshops in February 2005. A notice will be sent out specifying dates and times. Applications will be available at that time as well. If you would like to discuss your application, or the process for the next round of grants, please call me at 651- 297 -4132. Sincerely, Meredith Udoibok, Director Brownfields & Community Assistance cc: Kirk McDonald Department of Employment and Economic Development 1st National Bank Building * 332 Minnesota St., Suite E200 * St. Paul, MN 55101.1351 * USA 651. 297 -1291 * 800 - 657.3858 * Fax 651- 296 -5287 * TTY/TDD: 651 -296 -3900 * www.deed.state.mn.us An equal opportunity employer and service provider. m 'I July 14, 2004 Mr. Dan Donahue City Manager City of New Hope 4401 Xylon Avenue North New Hope, MT-4 55428 RE: Approval of Voluntary Response Actions for Petroleum Contamination Site: Former Bosa Donuts, 5550 Winnetka Avenue North, New Hope, MN Site ID#: LEAK00000538 Dear Mr. Donahue: The Minnesota Pollution Control Agency (MPCA) Voluntary Petroleum Investigation and Cleanup (VPIC) program staff has reviewed the following documents regarding your intent to manage petroleum contaminated soils at the above - referenced site: • "Development Response Action Plan" dated June 8, 2004, prepared by Diversified Environmental Inc. • "Subsurface Investigation Report" dated June 8, 2004, prepared by Diversified Environmental, Inc. Based on the information provided, the MPCA VPIC staff are approving the above - referenced plan including the reuse of the identified petroleum impacted soils on -site as controlled fill as proposed in the plan with the following modifications listed. 1. Petroleum contaminated soils at or greater than 10 PPM (PID) encountered during the construction of residential property and the installation of underground utilities should be removed and properly managed as part of the development plan. 2. Petroleum contaminated soils that exhibit PID headspace readings less than 10 PPM (PID) may be used as controlled fill and thin spread under newly constructed paved surfaces. 3. If petroleum contaminated soil remains in building footprints, a vapor barrier will be required. 4. A minimum four -foot layer of clean soil should exist in green space areas. If this is not possible, clean fill should be placed over impacted soils in these areas, along with a vegetative cover, to create a four -foot layer. 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 a Marshall e Rochester - Willmar Equal Opportunity Employer ® Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers. Mr. Dan Donahue Page 2 July 14, 2004 5. Follow -up soil sampling should be conducted, upon the completion of petroleum contaminated soil excavation. Approval assumes that an implementation report will be provided to the MPCA summarizing the voluntary cleanup work once completed. If subsequently obtained information indicates that the proposed activities are inappropriate or inadequate, the MPCA may request modifications in the proposed work. This letter does not apply to other types of contamination if present at the site. Approval of this plan does not suggest that any of the costs incurred will be eligible for reimbursement from the PetroBoard. If you have any questions regarding this letter, please call me at 651/297 -8577. Sincerely, Stacey Hendry -Van Patten Project Manager Petroleum Remediation Program Petroleum and Landfill Remediation Section Majors and Remediation Division Bassou Oulgout' Hydrogeologist Petroleum Remediation Unit Petroleum and Landfill Remediation Section Majors and Remediation Division SHV:tf cc: Douglas J. Bergstrom, Diversified Environmental, Inc. it Uqj DIVERSIFIED ENVIRONMENTAL, INC. Memorandum To: )��jowjb� Roger Axel, City of New Hope Mark Sonstegard, Ryland Homes Vince Vander Top, Bonestroo RE: Braun Intertec Geotechnical Reports, Bosa Donuts Site Enclosed are copies of the Braun Intertec geotechnical reports for the compaction testing performed during backfilling at the Bosa Donuts site. It appears to me that the reports show that the 98% compaction minimum was achieved at all locations tested. If you have any questions, please contact me at your convenience. Thanks. z • Report of Field Compaction Tests Date: September 17, 2004 Braun Intertec Corporation Phone: 952 995.2000 1 1001 Harrp hire Avenue S Fax: 952 995.2020 Hinneap, (is, PJN 554 )d V'✓eb: brauninterteccom Project: BL -04 -05896 Report: 1 Client: Mr. Doug Bergstrom Diversified Environmental, Inc. 3620 Edward Street Northeast St. Anthony, MN 55418 Project Description: Former Boza Donuts Site Winnetka Avenue and Bass Lake Road New Hope, Minnesota Test Date Type Soil ID and Classification Optimum Moisture* ( %) Max. Lab Dry Density* (pcf) Inplace Moisture ( %) Inplace Dry Density (pcf) Relative Compaction ( %) Specified Minimum Compact. ( %) Comments 1 9/1/04 N P -3: SP -SM 7.9 135.0 5 133 99 98 A 2 9/3/04 N P -4: SC 11.2 121.8 12 120 99 98 A 3 9/3/04 N P -4: SC 11.2 121.8 12 119 98 98 A 4 9/3/04 N P -4: SC 11.2 121.8 11 119 98 98 A 5 9/3/04 N P -4: SC 11.2 121.8 12 119 98 98 A 6 9/3/04 N P -4: SC 11.2 121.8 11 121 99 98 A 7 9/3/04 N P -1: SC 9.8 127.5 8 127 100 98 A Key: N = Nuclear, ASTM D 2922 A = Test results comply with specifications. SC = Sand Cone, ASTM D 1556 B = Test results do not comply with specifications. * = O.M. and M.L.D.D. rounded to nearest 0.1 C = Test results comply with air -voids specifications. Test I Test Location Elevation 1 30'S, 40'E of the NW Corner (Contaminated Soil Correction) 900 2 25'S, 25'E of the NW Corner (Contaminated Soil Correction) 906 3 15'S, 15'E of the NW Comer ( Contaminated Soil Correction) 908 4 15'S, 25'E of the NW Corner (Contaminated Soil Correction) 910 5 45'S, 30'E of the NW Corner (Contaminated Soil Correction) 902 6 45'S, 40'E of the NW Corner (Contaminated Soil Correction) 904 7 45'S, 10'E of the NW Corner (Contaminated Soil Correction) 909 Elevation Reference: c: BraAn Intertec Corpor ion enry V o , Associate - Senior Engineer Providing engineering and environmental solutions since 1957 UUM Report of Field Compaction Tests Date: September 17, 2004 Braun Intertec Corporation Phcne 952 995 20v 11001 Hampshire S Fax 952 9?5 2320 iAinneapolc, tAN 55435 ', °.'eb. krnunmterte --.com Project: BL -04 -05896 Report: 2 Client: Mr. Doug Bergstrom Diversified Environmental, Inc. 3620 Edward Street Northeast St. Anthony, MN 55418 Project Description: Former Boza Donuts Site Winnetka Avenue and Bass Lake Road New Hope, Minnesota Test Date Type Soil ID and Classification Optimum Moisture* ( %) Max. Lab Dry Density* (pcf) Inplace Moisture ( %) Inplace Dry Density (pcf) Relative Compaction ( %) Specified Minimum Compact. ( %) Comments 8 9/3/04 N P -2: SC 11.0 122.7 10 122 99 98 A 9 9/7/04 N P -6: SP -SM 14.8 109.3 5 114 104 98 A 10 9/7/04 N P -6: SP -SM 14.8 109.3 3 110 101 98 A Key: N = Nuclear, ASTM D 2922 A = Test results comply with specifications. SC = Sand Cone, ASTM D 1556 B = Test results do not comply with specifications. * = O.M. and M.L.D.D. rounded to nearest 0.1 C = Test results comply with air -voids specifications. Test I Test Location Elevation 8 30'S, 10'E of the NW Corner (Contaminated Soil Correction) 909 9 30'S, IWE of the NW Corner (Contaminated Soil Correction) 911 10 50'S, I WE of the NW Corner (Contaminated Soil Correction) 914 Elevation Reference: c: Braun Intertec Corp ation �N" o?� enry Vloo PE Associate - Senior Engineer Providing engineering and environmental solutions since 1957 Report of Field Compaction Tests Date: September 17, 2004 Braun Intertec Corporation PhD% 952.995.2000 11001 Hamp�hhr r,.enue S Fax: 95 2,995,2020 HinneDpohs, PAN 55435 ' bruunintertf�c.c,m Project: BL -04 -05896 Report: 3 Client: Mr. Doug Bergstrom Diversified Environmental, Inc. 3620 Edward Street Northeast St. Anthony, MN 55418 Project Description: Former Boza Donuts Site Winnetka Avenue and Bass Lake Road New Hope, Minnesota Test Date Type Soil ID and Classification Optimum Moisture* ( %) Max. Lab Dry Density* (pcf) Inplace Moisture ( %) Inplace Dry Density (pcf) Relative Compaction ( %) Specified Minimum Compact. ( %) Comments 11 9/8/04 N P -1: SC 9.8 127.5 10 126 99 98 A 12 9/8/04 N P -1: SC 9.8 127.5 12 126 99 98 A 13 9/8/04 N P -1: SC 9.8 127.5 10 127 100 98 A 14 9/8/04 N P -6: SP -SM 14.8 109.3 4 113 103 98 A 15 9/8/04 N P -6: SP -SM 14.8 109.3 5 111 102 98 A 16 9/8/04 N P -6: SP -SM 14.8 109.3 5 112 102 98 A 17 9/8/04 N P -6: SP -SM 14.8 109.3 5 112 102 98 A Key: N = Nuclear, ASTM D 2922 A = Test results comply with specifications. SC = Sand Cone, ASTM D 1556 B = Test results do not comply with specifications. * = O.M. and M.L.D.D. rounded to nearest 0.1 C = Test results comply with air -voids specifications. Test I Test Location Elevation 11 30'S, 70'E of the NW Corner (Contaminated Soil Correction) 908 12 10'S, 70'E of the NW Corner (Contaminated Soil Correction) 907 13 20'S, 50'E of the NW Corner (Contaminated Soil Correction) 912 14 10'S, 3 W of the NW Corner (Contaminated Soil Correction) 914 15 15'S, 15'E of the NW Corner (Contaminated Soil Correction) 916 16 30'S, 20'E of the NW Corner (Contaminated Soil Correction) 917 17 50'S, 20'E of the NW Corner (Contaminated Soil Correction) 917 Elevation Reference: Br n Intertec Corp anon enry Vlo , P Associate - Senior Engineer Providing engineering and environmental solutions since 1957 BRAUN Braun intertec Car poration Phone: 952.995.200 ��� ��� 11001 Hampshire r venue ° Fax: 952.995 z020 1inneaFA'., HN 55438 `,''Veb: bracmntertec.cjm Report of Field Compaction Tests Date: September 17, 2004 Project: BL -04 -05896 Report: 4 Client: Mr. Doug Bergstrom Diversified Environmental, Inc. 3620 Edward Street Northeast St. Anthony, MN 55418 Project Description: Former Boza Donuts Site Winnetka Avenue and Bass Lake Road New Hope, Minnesota Test Date Type Soil ID and Classification Optimum Moisture* ( %) Max. Lab Dry Density* (pcf) Inplace Moisture ( %) Inplace Dry Density (pcf) Relative Compaction ( %) Specified Minimum Compact. ( %) Comments 18 9/9/04 N P -6: SP -SM 14.8 109.3 5 107 98 98 A 19 9/13/04 N P -2: SC 11.0 122.7 10 122 99 98 A 20 9/14/04 N P -4: SC 11.2 121.8 12 120 99 98 A 21 9/14/04 N P -4: SC 11.2 121.8 12 121 99 98 1 A 22 9/14/04 N P -3: SP -SM 7.9 135.0 9 136 101 98 A 23 9/14/04 N P -2: SC 11.0 122.7 12 121 99 98 A 24 9/14/04 N P -2: SC 11.0 122.7 13 120 98 98 A Key: N = Nuclear, ASTM D 2922 A = Test results comply with specifications. SC = Sand Cone, ASTM D 1556 B = Test results do not comply with specifications. * = O.M. and M.L.D.D. rounded to nearest 0.1 C = Test results comply with air -voids specifications. Test I Test Location Elevation 18 30'S, 40'E of the NW Corner (Contaminated Soil Correction) 912 19 10'S, 50'E o the NW Corne (Contaminated Soil Correction) 908 20 20'S, 60'E of the NW Co rner (Contaminated So il Correction) 904 21 30'S, 50'E of the NW Corner (Contaminated Soil Correction) 905 40'S, 30'E of the NW Corner (Contaminated Soil Correction) 910 L24 50'S, 20'E of the NW Corner (Contaminated Soil Correction) 916 50'S, 50'E of the NW Corner (Contaminated Soil Correction) 912 Elevation Reference: c: Braun Intertec Corp tion enry to PE Associate - Senior Engineer Providing engineering and environmental solutions since 1957 BRAUN Braun Intertec Corporation Phone: 95 2C/95. 11001 Hampshire avenue S Fax: 952.995.2020 I NTE RTEC PIinnecpoli; " IN 55438 k 'eb braunintertec.com Report of Field Compaction Tests Date: September 17, 2004 Project: BL -04 -05896 Report: 5 Client: Mr. Doug Bergstrom Diversified Environmental, Inc. 3620 Edward Street Northeast St. Anthony, MN 55418 Project Description: Former Boza Donuts Site Winnetka Avenue and Bass Lake Road New Hope, Minnesota Test Date Type Soil ID and Classification Optimum Moisture* ( %) Max. Lab Dry Density* (pct) Inplace Moisture ( %) Inplace Dry Density (pct) Relative Compaction ( %) Specified Minimum Compact. ( %) Comments 25 9/14/04 N P -2: SC 11.0 122.7 12 121 99 98 A 26 9/14/04 N P -2: SC 11.0 122.7 12 121 99 98 A Key: N = Nuclear, ASTM D 2922 A = Test results comply with specifications. SC = Sand Cone, ASTM D 1556 B = Test results do not comply with specifications. * = O.M. and M.L.D.D. rounded to nearest 0.1 C = Test results comply with air -voids specifications. Test I Test Location Elevation 25 30'S, 60'E of the NW Corner (Contaminated Soil Correction) 910 26 15'S, 50'E of the NW Corner (Contaminated Soil Correction) 914 Elevation Reference: c: Brau4 Intertec Corporldion Henry loo Associate - Senior Engineer Providing engineering and environmental solutions since 1957 t s Report of Field Compaction Tests Date: September 30, 2004 Braun intertec Corporation PhDne: 952 5 95 11100 11001 Hamp, hue f renue S Fax. 952 995.2020 "inneupDhr, P.iN 55439 `.''eb: brounintertec.com Project: BL -04 -05896 Report: 6 Client: Mr. Doug Bergstrom Diversified Environmental, Inc. 3620 Edward Street Northeast St. Anthony, MN 55418 Project Description: Former Boza Donuts Site Winnetka Avenue and Bass Lake Road New Hope, Minnesota Test Date Type Soil ID and Classification Optimum Moisture* ( %) Max. Lab Dry Density* (pcf) Inplace Moisture ( %) Inplace Dry Density (pcf) Relative Compaction ( %) Specified Minimum Compact. ( %) Comments 27 9/16/04 N P -2: SC 11.0 122.7 13 122 99 98 A 28 9/16/04 N P -2: SC 11.0 122.7 14 120 98 98 A 29 9/16/04 N P -2: SC 11.0 122.7 14 121 99 98 A 30 9/16/04 N I P -2: SC 11.0 122.7 15 120 98 98 A 31 9/20/04 N P -6: SP -SM 14.0 109.3 10 108 99 98 A 32 9/20/04 N P -6: SP -SM 14.8 109.3 8 111 102 98 A 33 9/20/04 N P -6: SP -SM 14.8 109.3 9 111 102 98 A Key: N = Nuclear, ASTM D 2922 A = Test results comply with specifications. SC = Sand Cone, ASTM D 1556 B = Test results do not comply with specifications. * = O.M. and M.L.D.D. rounded to nearest 0.1 C = Test results comply with air -voids specifications. Test I Test Location Elevation 27 40'S, 40'E of NW Corner (Contaminated Soil Correction) 915 28 20'S, 40'E of NW Corner (Contaminated Soil Correction) 913 29 30'S 30'E of NW Corner (Contaminated Soil Correction) 916 30 15'S, 30'E of NW Corner (Contaminated Soil Correction) 916 31 15'S, 30'W of NE Corner (Contaminated Soil Correction) 911 32 11 5'S, 30'W of NE Corner (Contaminated Soil Correction) 913 33 1 10'S, 50'W of NE Corner (Contaminated Soil Correction) 916 Elevation Reference: c: Braun fritertec Corpor on H my Vloo, PE Associate - Senior Engineer Providing engineering and environmental solutions since 1957 06� I DIVERSIFIED ENVIRONMENTAL, INC. Mem orand u m To: Kirk McDonald, Amy Baldwin; City of New Hope Steve Sondrall, Jensen and Sondrall Date: 9/20/04 RE: Extent of Contaminated Soils, Former Bosa Donuts Site, 5550 Winnetka The excavation of contaminated soil is now completed at the 5550 Winnetka site, and as you are aware, the volume of contaminated soil encountered far exceeded our earlier estimates. This memo was prepared to discuss why the observed volumes excavated were not in line with those predicted. In short, the large difference between estimated and actual soil volumes is related to our earlier subsurface conceptual model for the source and distribution of contamination. Our conceptual model was based on previous drilling activities at the site (performed by multiple parties over many years) and on years of previous experience dealing with this type of contamination site. Our model was that there were three main areas of releases (the tank basin and two pump islands, locations of which were shown on historical Unocal drawings), and our model expected these areas to be the main areas of significant contamination. In addition, the nature of the subsurface soils (clayey sand) generally lends itself to a relatively predictable distribution of contamination in the subsurface from discrete sources /leaks. What was found during the excavation was that virtually the entire northern '/2 of the site was underlain by soils contaminated to the level at which they had to be removed in accordance with our MPCA- approved Development Response Action Plan (DRAP). In the DRAP, we committed to remove all contaminated soils under any proposed building footprint, and all soils exceeding 10 parts per million (as measured on a field photoionization detector) in the remainder of the site. Previous drilling activities had identified locations of contaminated and uncontaminated soils, and the observed excavated soils verified that the drilling information was generally accurate. However, virtually all areas in the northern '/2 of the site not specifically tested through drilling were found to be contaminated, even though the number and distribution of boreholes from the latest round of drilling was typical to characterize subsurface contamination for this type of site. The location of boreholes and the observed extent of contamination are shown on the attached Figure 1. With what we now know, there must have been significant ongoing releases from the tank basin and pump islands, as well as from the subsurface piping between the tank basin and the islands, as well as possible significant surface spills (likely from fueling activities). This level of gross subsurface contamination is unusual at this type of site (the Belair excavation project manager said that "this was probably the most contaminated gasoline site I have ever seen "), and consequently not anticipated. The lateral and vertical extent of the contamination was not continuous, which was anticipated, but areas containing at least some contamination required incidental removal of relatively thin ( -2 feet) layers of uncontaminated soil due to the practicalities of excavation techniques and equipment. Over such a large area, this incidental removal served to increase appreciably the total volume of soils excavated and removed. Although the official volumes of soil have not yet been submitted to the City, it appears that the total volume of excavated soil will be approximately 10,000 to 12,000 tons, which closely agrees with the Braun Intertec inspector's estimate of approximately 8,000 cubic yards removed from the site (using a typical tons:volume ratio of 1.25 - 1.4). The contaminated soil excavation at the 5550 Winnetka site was planned, executed, and completed to allow the entire Winnetka Greens project to go forward, and to provide a meaningful margin of protection of human health for future redevelopment residents. While the actual costs far exceeded the initial expectations, the two goals above were successfully accomplished. The City should take pride in "doing the right thing" at this heavily contaminated site, particularly in protection of the environmental and human health. We hope this information is of use to the City in understanding the extent of the work necessary for the redevelopment of the former Bosa Donuts site. If you have any questions or concerns, please contact Doug Bergstrom at your convenience. r''/lT TA Tt-TT �..V V1Vt..lL aim •.. • 1111.' 1 Originating Department I Approved for Agenda I Agenda Section Community Development By: Kirk McDonald, Director of CD I By: Amy Baldwin, CD Assistant 11 -04 -04 Worksession Item No. 11.3 RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR THE TAX BASE REVITALIZATION ACCOUNT GRANT FOR PROPERTY AT 5550 WINNETKA AVENUE NORTH AND 7809 BASS LAKE ROAD (IMPROVEMENT PROJECT NO. 697) REQUESTED ACTION Staff is requesting that the City Council approve a resolution authorizing an application to be filed with the Metropolitan Council for a Tax Base Revitalization Account (TBRA) grant. This grant is for matching funds related to the Department of Employment and Economic Development grant application for cleanup expenses at 5550 Winnetka Avenue North. The amount of the grant request is $67,672. POLICY /PAST PRACTICE The city has previously applied for grants to assist with environmental cleanup issues related to redevelopment. BACKGROUND This grant application was discussed at the October 25, 2004, City Council meeting. At that time, staff was unaware that a resolution of support was necessary for this application. Grant award notifications for this and the DEED grant are expected in mid - December. ( ATTACHMENT • Resolution F� P MOTION BY I TO: A\PLANNING \Housing \East Winnetka SECOND BY A° 1 it\Q & R - TBRA cleanup grant resolution of support.doc CITY OF NEW HOPE RESOLUTION NO. 2004- 185 RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR THE TAX BASE REVITALIZATION ACCOUNT GRANT FOR PROPERTY AT 5550 WINNETKA AVENUE NORTH AND 7809 BASS LAKE ROAD (IMPROVEMENT PROJECT NO. 697) WHEREAS the city of New Hope in a participant in the Livable Communities Act's Housing Incentives Program for 2004 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHEREAS the city has identified a clean-up project within the city that meets the Tax Base Revitalization account's purpose /s and criteria; and WHEREAS the city has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS the city certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS the City Council of New Hope, Minnesota agrees to act as legal sponsor for the project contained in the Tax Base Revitalization grant application submitted on November 1, 2004; BE IT FURTHER RESOLVED that the city manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the city of New Hope and to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of the city of New Hope, Hennepin County, Minn_ esota, this 4th day of November, 2004. -, Attest: Z� f'jl� Valerie Leone, City Clerk te: 8/6/2004 Time: 3:00 PM TO: @ 9,6517860769 / y /`` 612-349 -2490 Page: 002 C Client #:139 BELABUII LIAB I L ITY I IN DATE (MM/DD/YYYY) - 08/06/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MN - FG /HG ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COBB STRECKER DUNPHY & ZIMMERMANN HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 S FIFTH ST STE 2000 GENERALLIABILITY MINNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC # INSURED $ELAIR EXCAVATING INSURER A: ZURICH AMERICAN INSURANCE COMPA Y INSURER B: ARCH SPECIALTY INSURANCE COMPAN 2200 OLD HWY 8 NW INSURER C: AMERICAN ZURICH INSURANCE COMPA Y NEW BRIGHTON, MN 55112 [ iN URER D: URE R E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH LTR NSR TYPEOFINSURANCE POLICY NUMBER POLICYEFFECTIVE DATE M DD POLICY EXPIRATION DATE (MM/DD/M LIMITS A GENERALLIABILITY GLO353615103 04/01/04 04/01/05 EACH OCCUR $1, 000,000 ME RCIAL GENERAL LIABILITY DAMAGE TO RENTED PRE Fs t a o . r ncet $100 000 MED EXP (Any one person) $ j 0 000 JX CLAIMS MADE Q OCCUR INCLUDES: PERSONAL & ADV INJURY $1 . 000. 000 XCU OPERATIONS OF X j BROAD FORM PD GENERAL AGGREGATE $2,00 000 SUBS- CONTINGENT GEN'L AGGREGATE LIMIT APPLES PER: PRODUCTS - COMP /OP AGG s2. 000.000 CONTRACTUAL LIAB POLICY I X PRO- LOC JE CT A AUTOMOBILE LIABILITY X ANY AUTO BAP353615003 04/01/04 04/01/05 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Peraccident) $ PROPERTY DAMAGE (Per accident) $ F x ] GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $' ANY AUTO $ AUTO ONLY: AGG B EXCESSNMBRELLALIABILITY X OCCUR F] CLAIMS MADE 52CLB1571501 04/01/04 04/01/05 EACH OCCURRENCE $ 5000,000 AGGREGATE $5 $ DEDUCTIBLE $ X RETENTION $ 0 C WORKERS COMPENSATION AND WC353614903 04/01/04 04/01/05 X I WCST OTH- FR EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $1, 000 , 000 E.L. DISEASE - EA EMPLOYEE $1,000, OFFICER /MEMBER EXCLUDED? Ifyes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000, OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES [EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS WINNETKA BASS LAKE RD & SUMTER PROPERTIES NEW HOPE, MN ADDITIONAL INSURED W /RESPECT TO GENERAL LIABILITY: CITY OF NEW HOPE 1Ma:iva10ffevM CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLX§[MAIL _A () DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REP ACORD 25 (2001/08) 1 of 2 #S156928/M142093 DLL © ACORD CORPORATION 1988 �!i 1 1 i i I i Prepared for Diversified Environmental, Inc. Bosa Donuts Site 5550 Winnetka Avenue North New Hope, Minnesota Project BL -04 -04116 June 8, 2004 1.0 Responsibilities ........................................................................................... l | | 2.0 On-Site Control ........................................................................................... 3.0 Hazard Evaluation ....................................................................................... 3 4.0 Personal Protective Equipment ................................................................... 4 � 5.0 Environmental Monitoring .......................................................................... 8 6.0 Site Work Plan ........................................................................................... 7.0 Engineering Control .................................................................................... 7 � 8.0 � VVorkLjmbabono ----- — . —� ---------------------.� 7 9.0 Training ... ............................................... --............................................ 8 � � 10.0 Medical Monitoring .................................................................................... 8 � 11.0 o Emergency Medical Information ................................................................. 8 12.0 Health and First Aid Information ................................................................ � 13.0 Physical Hazards ................. ....................................................................... ]O 14.0 Procedures ................................... ............................................ l 15.0 CommunioutknPr000durea------------------------l2 � 10.0 Decontamination Procedures ...................................................................... 2 � 17.0 Certification and Approval ------------------------')5 /\: Briefing Guidelines B: Decontamination Esaono|e C: Activity Hazard Analysis plan D: Site-Specific Information Important Notice: This safety plan was developed to provide site - specific safety and health information, and provide regulatory conformance with 29 CFR 1910.120, and the Army Corps of Engineers health and safety manual EM -385. This plan will be used in conjunction with the Braun Intertec Corporate Health and Safety Standard Operating Procedures Manual (CHSSOPM), and must be maintained on site and made available to site workers for the duration of the project activities. This plan is subject to approval by the Braun Intertec Corporate Health and Safety Officer prior to implementation. Prior to site entry, the site safety officer will ensure that all site personnel, including subcontractors working directly for Braun Intertec or others for whom Braun Intertec is contractually responsible, are familiar with the CHSSOPM, this site - specific plan and have signed the areas provided in Section 17.0. h1 addition, the designated site safety officer shall provide pre -site training to affected personnel prior to site entry (see pre -entry briefing guidelines in Appendix A). Sub - contracted employees must submit written proof of initial 40 -hour hazrnat training, most recent 8 -hour hazmat refresher, respirator fit test record, and proof of medical monitoring to the designated site safety officer prior to commencing activities in any designated exclusion or decontamination zone. Note: Medical monitoring documentation should be submitted only if contractor employees wear respiratory protection, or work in areas with contamination that exceeds the published exposure limits for 30 days or more per year. The scope of work which this Site Safety Plan covers includes performance of soil borings, installation of monitoring wells, recovery wells. soil excavation, well development and monitoring, soil /ground water sampling, and installation and monitoring of remediation systems. Site activities may produce potential physical and/or chemical health hazards to site workers Note: Utilities must be cleared /located prior to any subsurface activities. 1.0 Responsibilities 1.1 Corporate Health and Safety Officer (CHSO). The CHSO is the person designated by Braun Intertec Corporation to be responsible for the development of the site safety plan. As such, the health and safety of project personnel are the CHSO's responsibility, and all project personnel are subject to the direction of this person in the areas of health and safety. Responsibilities of the CHSO include, but are not limited to: a. Design the written site safety plan in compliance with OSHA 29 CFR 1910, 1926, and EPA Standard Operating Guidelines. b. Develop, schedule and direct the safety and health training of Braun Intertec personnel as it pertains to the project site. C. Maintenance of resource materials regarding applicable health and safety laws, regulations and good state -of -the -art practices. d. Selection of appropriate and necessary personal protective equipment and safety devices. e. Supervision of any personnel in the delegated tasks that involve the implementation of the safety program. f. Being available for emergency consultation. The CHSO for this project is David Moline, Braun Intertec Corporation at (612) 889 -2221. 1.2 Field Investigation Project Manager. The field investigation project manager is the person assigned by Braun Intertec Corporation to have overall responsibility for completing tasks set forth in this site safety plan. In the area of safety, this person is responsible for: a. Obtaining a project safety plan and any known information regarding site - specific chemical hazards and other known potential hazards. b. Arranging for any necessary or required training of project personnel. C. Assisting the site safety officer (defined below) in the selection and procurement of any necessary safety equipment, monitoring devices, protective clothing, respirators, etc. The field investigation project manager for this project has been identified in the site - specific information included in Appendix D. 1.3 Site Safety Officer. The site safety officer is the person assigned by Braun Intertec to be responsible for work and safety procedures on the project site. The site safety officer will be appointed by the project manager and is authorized to stop work activities or evacuate the site as needed to assure the health and safety of site workers. The site safety officer's responsibilities in the area of health and safety include: a. A thorough understanding of the project site safety plan. The site safety officer will obtain and schedule any necessary safety equipment. b. Orientation of all project personnel prior to commencement of w=ork. C. Verification that personnel on the project site have received the required training. d. hnspecting and maintenance of safety equipment during the time it is used on the project site. e. Conducting air monitoring activities in accordance with the site safety plan. f. Establishing a work zone, decontamination zone, safety stations, etc., as appropriate, and instructing project personnel regarding their location. g. Recording work practices, health and safety precautions taken, and air monitoring levels. h. Modifying the site safety plan, as necessary, and notifying the CHSO and project manager of any changes, when applicable. i. Enforcing provisions of the site safety plan among project personnel and any others, including visitors, under control of Braun Intertec on the project. j. Supervising project personnel and safety equipment in the event of any medical emergency or accident. The site safety officer will coordinate emergency responses such as calling 911, and making other emergency notifications as necessary. The site safety officer for this project is identified in the site - specific information included in Appendix D of this document. 1.4 Project Personnel. All project personnel under control of Braun Intertec Corporation will be responsible for knowledge of the CHSSOPM, and this site safety plan for work in which they are engaged and for compliance with the provisions of the plan. In addition, all subcontractors working directly for Braun Intertec may be responsible to develop their own site - specific safety plan related to their specific on -site activities if outside the scope of this document. Subcontractors may be asked to submit a copy of their plan to the Braun Intertec CHSO prior to commencement of site activities. Site activities must be performed in a safe manner consistent with the Occupational Safety and Health Administration (OSHA) requirements in 29 Code of Federal Regulations (CFR) part 1910.120 to minimize personnel exposure to physical and chemical hazards. Subcontractors are responsible for their own safety obligations as specified in applicable sections of the OSHA general industry and Construction Industry Standards (29 CFR parts 1910 and 1926 respectively). A11 field activities must be conducted in compliance with this Health and Safety Plan (HASP), the CHSSOPM, and with all applicable federal, state, and local health and safety regulations. Personnel covered by this HASP who cannot or will not comply with the HASP will be excluded from site activities. Project personnel are expected to exercise due care in the work performed on the project site and shall also be responsible for reporting any unsafe conditions, accidents, injuries, or exposure to harmful or potentially harmful substances to the site safety officer. 2.0 On -Site Control All personnel entering or departing Zn from any designated Exclusion Zone should log in and out with the site safety officer. All activities on site must be cleared through the site project manager. The site safety officer will coordinate access control and security within any designated Exclusion Zones. For this project. a normal safe perimeter has been established outside a 25 -foot radius around all subsurface activities or intrusive activities if contamination is present. No unauthorized person(s) should be within any designated Exclusion or Decontamination zones. The on -site Command Post and staging area will be established by the site safety officer, and will be communicated to site personnel during the pre -entry briefing. 2 This location is upwind from the Exclusion Zone. A wind sock or other appropriate material shall be mounted in a location that is visible to all site workers and used as an indicator of wind direction. Control boundaries for contaminated sites have been established, and the Exclusion Zone (the contaminated area), Contamination Reduction Zone, and Support Zone (clean area) have been identified and designated as follows: the Exclusion Zone is designated as any area within the 25 -foot radius around subsurface and intrusive activities or any area of contamination that exceeds acceptable published exposure limits. The Contamination Reduction Zone has already been established and will act as a transitional area from the Exclusion Zone, to the safe zone (Note: Contamination reduction zone shall be located upwind of site activities). 3.0 Hazard Evaluation Activities may include site investigations, geotechnical borings, soil /groundwater monitoring, and remediation activities. A site - specific chemical hazard evaluation has been included within Appendix D of this plan. Workers at this site may be exposed to chemical contaminants by dermal contact with contaminated soils /water and by inhalation of airborne contaminants. The hazards associated with these contaminants will be communicated during the pre -entry meeting (Appendix A) before personnel will be allowed to enter the work area. Information regarding health effects of site contaminants can be found in Appendix D and Section 12.0 (health and first aid) of this document. In addition to chemical hazards, site workers may encounter physical hazards such as, but not limited to, heavy equipment operations, high noise levels, buried /overhead utilities, etc. This plan will provide health and safety information to site workers such as chemical or physical hazards present, personal protective equipment, air monitoring equipment, and other information relative to this site. Whenever large areas of contaminated soils are exposed during excavation, there is a higher rate of contaminant volatilization due to the increased surface areas, and also creates the potential for formation of explosive gases. Also, direct skin contact with contaminated soils may represent a potential health hazard to site workers. Appropriate field monitoring equipment will be used to indicate if the action level is exceeded as outlined in Section 5.0 and Appendix D of this document. Field monitoring results will form the basis of determining the need for upgrading levels of protection. If contamination is present, site workers shall use personal protective equipment to avoid skin contact with soils at all times, avoid inhalation of site dusts /volatile substances, and follow good personal hygiene habits to minimize ingestion hazard potential. Strict adherence to the site safety plan will provide for worker protection during project activities. Important: Site worker entrance into any excavation or trench (5 feet or greater depth) will require sidewall shoring or sloping per OSHA regulations, and may be considered a confined space entry due to limited means of egress. Any confined space entry will require an entry permit from the designated site safety officer. All confined space entries must be performed in accordance with section B of the CHSSOPM, and all applicable federal, state or local regulatory requirements for confined space entry. Visual observance of airborne dust will be used to determine the need for particulate respiratory protection. 4.0 Personal Protective Equipment Based on evaluation of potential hazards, the following levels of personal protection have been designated for the applicable work areas or tasks: Location Job Function Level of Protection Exclusion Zone (contaminated Subsurface activities Modified level D soil or groundwater Exclusion Zone (non - contaminated Subsurface activities Standard level D site Contamination' Decontamination activities Modified level D Red uction zon Confined space entry Trench entry!other Modified level D protection with possible upgrade to Standard Level C (including respirator) based on pre -entry air monitoring results. Specific protective equipment for each level of protection is as follows: Level D: Coveralls, gloves, steel toe /shank safety boots. Also hard hats, safety glasses and reflective vests as applicable to the work tasks and site conditions. Modified Level D: Standard Level D personal protective equipment modified to include the addition of chemical resistant boot covers and gloves to minimize worker contact with potentially contaminated soils. Also, during decontamination activities, workers should wear disposable rain suits to avoid splash hazards if needed. Level C: Same as modified Level D with the addition of a full- or half -face cartridge respirator and ty suit. Refer to Appendix D for information regarding the specific type of chemically compatible personal protective equipment and respirator cartridge type if applicable. NO CHANGES TO THE SPECIFIED LEVELS OF PROTECTION SHALL BE MADE WITHOUT THE APPROVAL OF THE SITE SAFETY OFFICER. Personal protective equipment (PPE) program: General Based on site hazards, all PPE has been selected upon the performance characteristics of the equipment. Respirators will be individually assigned full -or half -face piece air purifying (NIOSH approved) respirators with organic vapor cartridge and particulate HEPA pre - filter. Respirators must be available for on -site personnel at all times. NOTE: Respiratory protection program is contained in Section A of the CHSSOPM. Respirator cartridges /filters shall be changed at the intervals outlined in Appendix D or upon breakthrough, whichever occurs first. 11 All personal protective equipment worn on the site shall be either disposed of or decontaminated at the end of the workday. The site safety officer shall be responsible for ensuring all reusable personal protective equipment is decontaminated before being reissued. All employees working on site have been or shall be trained on the proper selection and use of personal protective equipment prior to working on site. Work Mission Duration PPE shall be used for the work mission duration appropriate to the respective piece of PPE as specified in Table 1. Also, as previously mentioned, respirator cartridges, tvek suits /boot covers, chemically resistant gloves, and other disposable PPE, will be disposed of at the end of each work day or any time its integrity has been compromised. Inspection, Maintenance, and Storage All PPE shall be inspected and maintained to ensure the integrity of the equipment and to assure that it is in good working order at all times. The inspection schedule for PPE is outlined in Table I. If equipment is not in proper working order, it shall not be used and the problem brought to the attention of the site health and safety officer. All PPE shall be stored in a clean, dry place in accordance with the manufacturer's suggestions. Table I. PPE Pre - inspection Specifications Level of Inspection Schedule (1) or Work Mission I Protection E ui ment Duration 1 B Self - contained breathing apparatus (SCBA) positive air line Once per month, and before each use respirator Polyethylene- coated or regular Tyvek disposable clothing One working span - 3 hours or until torn (based on hazard) Inner and outer chemically resistant gloves Before each use Steel -toed boots or steel -toed safety shoes with rubber outer Before each use boots C Hard hat Before each use Eye protection As needed Half- or full -face air - purifying respirator equipped with Before each use organic vapor cartridges and pre -filter Polyethylene- coated or regular Tyvek disposable clothing (based on hazard) 1 work day Inner and outer chemically resistant gloves Continuous Steel -toed boots or steel -toed safety shoes with rubber outer boots or dis osable boot covers Before each use D Hard hat Before each use Eye protection Before each use Steel -toed boots or steel -toed safety shoes with rubber outer Before each use boots or disposable boot covers. Misc. gear may be required depending on hazard As needed PPE Decontamination All PPE shall be decontaminated iii accordance with the procedure set forth in Section |6.O, Section Aof UouC}lSS0PK8 (respirators on|y),and Appendix B. PPE Training and Fitting All personnel ehu|| he properly trained and fitted with PPE prior to working u1the site. D^Y^E In-Use Monitoring and Effectiveness Evaluation The employees using PPE shall he continually monitored hy the site health and safety otfiuertoassure that the employees are properly selecting and wearing the equipment prescribed in this plan and to ensure that the equipment is effectively performing as required. PPE Limitations During Temperature Extremes All employees shall know the dangers of working in both extreme hot- and cold-temperature environments while using PPE and abu|| know the signs, uynnpionua and treatment ofheat-related disorders as outlined in Section 12.0 of this plan. PPE Donning and Doffing U is the understanding of the C8B0,that all personnel working on site have received training (4O-bouz initial and 8-hour annual refresher), which includes donning and doffing procedures for PPE usage. Also, all PPE donning and doffing shall be performed in accordance with manufacturer's recommendations (refer to Section A of the CHSSOPM for respirator donning and doffing procedures). 5,0 Environmental Monitoring The types of environmental monitoring instruments and the frequency of use on site are included in Appendix Dofthis document. Also, the site safety officer v/ill record field monitoring results at half hour intervals, and has the authority to modify the frequency and type of air monitoring performed oosite us changing conditions dictate, and with approval from the CDSO. Note: lfbeudapuoe samples, and other field monitoring results indicate that contamination iuu1orbelow background levels, the site safety officer has the authority to allow site workers {odown grade their personal protective equipment. Note: if respiratory protection ia required further information is contained in Section /\of the CBSSOPK4. Monitoring equipment shall be calibrated (as appropriate), maintained, and repaired, according to the manufacturer's instructions. /\ record of calibration shall hu included uo part of the field records maintained by the site autety officer. M 6.0 Site Work Plan This section includes potential hazards created by each site activity: Subsurface activities at contaminated sites Potential to create airborne dusts, skin contact with contaminated soil, airborne volatile organics, toxic and combustible gases may accumulate in low lying areas, and physical hazards such as unstable side walls of excavation/trench, working near heavy equipment, and elevated noise level. Decontamination activities Confined space entry 7.0 Engineering Controls High pressure water, splash hazard from potentially contaminated rinse water (refer to Section 16.0 for decontamination information). Note: confined space entry guidelines in Section B of the CHSSOPM must be followed. Appropriate engineering controls will be used on site as follows: X_ Wetting soils to reduce dust generation Use of pressurized cab equipment Use of remote equipment Other: 8.0 Work Limitations • No smoking shall be allowed on site or open flame/spark-producing equipment within 50 feet of a combustible vapor hazard. • 48 hours before work site activities begin, all utility gas and water lines must be located and marked. h • Daylight hours only for work on -site. • No eating, drinking, or smoking will be allowed on contaminated sites. • No contact lenses will be worn on site. • No facial hair that would interfere with respiratory fit. • All respirator wearers must be fit- tested yearly and have successfully completed spirometry testing to ensure their capability to wear a negative pressure respirator. 9.0 'Training All personnel within the exclusion zone on a contaminated site are required by OSHA 29 CFR 1910.120 to have 40 hours of hazardous materials training and annual 8 -hour refresher training. It is also required that these personnel receive site - specific training as necessary prior to the commencement of work. The project manager shall maintain a training log for all initial and follow -up training conducted. Refer to Appendix A of this document for pre -entry briefing guidelines. 10.0 Medical Monitoring When appropriate, project personnel shall submit written documentation that they have met the medical monitoring requirements as addressed in OSHA 29 CFR 1910 (.120 and .134) prior to commencement of work. Medical monitoring protocol will be specifically designed to monitor for chemicals expected to be on -site. The occupational physician who conducted the exams shall certify in writing that affected personnel have undergone the medical exam, that they can safely perform their work assignments, and they are approved to wear specified respirators. It is the understanding of the Braun Intertec CHSO that all personnel are aware of their medical monitoring responsibilities and that they have completed this requirement. 11.0 Emergency Medical Information Information regarding location of the nearest emergency telephone has been included, along with emergency phones numbers for police, fire, ambulance, and hospital, with the site - specific information in Appendix D of this document. The site safety officer shall identify site personnel certified in CPR /First Aid during the work site pre - entry briefing. All on -site emergencies should be reported and coordinated through the site safety officer. This includes medical, fire, or police. Emergency equipment is available on site at the following locations: Fire extinguisher (Type ABC) Designated command post. First -aid kit Designated command post. Emergency eyewash Designated command post. In the event of an emergency, provide a copy of this site safety plan to ambulance or medical personnel when seeking medical assistance for an injured site worker. The route to hospital can be found in Appendix D of this document. 12.0 Health and First Aid Information In general, the acute health effects from an exposure to volatile organic compounds include: narcotic effects with dizziness, euphoria, headache, and drowsiness. Also, long -term exposure can create blood changes, and liver damage may result. Contact with the skin may result in irritation and dermatitis, and exposure to very high concentrations of organic vapors can result in lung damage and fatal pulmonary edema. It is also possible for volatile organic compounds to be carcinogenic, teratogenic or mutagenic in nature. Over - exposure to heavy metals can result in gastro - intestinal upset, vomiting, diarrhea, loss of appetite, and abdominal pain. In addition, the central nervous system can be involved, resulting in headache, tremors and insomnia. The following general recommendations are made for first aid in case of hazardous exposure to volatile organic compounds: General The casualties should be removed from the danger of further exposure and into the fresh air. Rescuers should ensure their own safety from inhalation and skin contamination where necessary. Conscious casualties should be asked for information about what has happened. It should be bore in mind that the casualty may lose consciousness at any time. Where necessary, continued observation and care should be ensured. The employee should take care not to become contaminated. Inhalation The conscious casualty should be kept at rest. The unconscious casualty should be placed in the recovery position and open airway maintained. If breathing or heartbeat stops, resuscitation should start immediately. Medical aid should be obtained or the casualty removed to the hospital immediately. Skin Contamination Remove contaminated clothing. Wash with generous amounts of water, or soap and water for at least 15 minutes. If necessary, seek medical aid. In the case of persistent skin irritation, refer to medical advice. Eye Contamination Irrigate with abundant amounts of water for at least ten minutes, but avoid further damage to the eye from the use of excessive force. Seek medical aid. Remember the possible presence of contact lenses that may be affected by some solvents and impede decontamination of the eye. For this reason, contact lenses should not be worn in any site containing hazardous materials. Ingestion If the lips or mouth are contaminated, rinse thoroughly with water. Do not induce vomiting. Get further support treatment as for inhalation. In the case of ingestion of sufficient amounts, wash out the mouth with water and obtain immediate medical attention. Contact a hospital or poison center at once for advice. Remember that symptoms may develop many hours after exposure, so continued care and observation may be necessary. 0 In all cases, note information on the nature of exposure and give this to the ambulance or medical personnel. 13.0 Physical Hazards Heat Heat exhaustion - a response to heat characterized by fatigue, weakness, and collapse due to an inadequate intake of water necessar} to compensate for water loss through excessive perspiration. Heatstroke - a response to heat characterized by extremely high body temperature and failure of the sweating mechanism. An immediate, life - threatening emergency for which medical care is urgently needed. Heat cramps - involve muscular pains and spasm caused from loss of electrolytes through sweating. Any person exhibiting symptoms of heat- related disorder must exit the work area and take a break until the symptoms subside and must drink plenty of fluids during the break. Everyone must drink fluids at frequent intervals throughout the workday to prevent heat- related disorders. This should be done in an area that is contaminant -free to avoid the unintentional ingestion of site contaminants. The work site leader or work site employees, whichever is the case, will adjust their schedule and activities accordingly to control heat- related hazards dependent on weather conditions. Fire Since powered equipment will be used at the project site, a potential fire hazard may exist. All powered equipment shall have available a fire extinguisher to control any fire that may occur while using such equipment. Noise Excessive noise exposures may be encountered while using powered equipment. All persons operating such equipment must wear appropriate hearing protection. Hypothermia (Cold Stress) Hypothermia may be encountered when wind and /or rainy conditions exist. Wearing proper clothing for the weather conditions present can best protect against hypothermia. In a cold environment, wear several layers of clothing as opposed to a single thick layer. If rainy weather conditions exist, wear the proper rain gear to prevent inner clothes from becoming wet. If the potential exists for inner clothing to become saturated, carry a change of clothing. Employees may encounter physical hazards such as machinery, heavy equipment operations, sharp objects, uneven terrain, flying objects, noise, extreme temperatures (heat and cold), slips /falls, and trench collapse due to poor construction design /weather conditions. Other potential physical hazards include contacting poison oak/ivy, contracting lyme disease from deer ticks, and in certain areas within the state, poisonous snakes may be encountered. Employees to safeguard themselves at all times should use safe operating procedures and appropriate personal protective equipment. ff 14.0 Emergency Procedures On -site personnel will use the following standard emergency procedures. The site safety officer shall be notified of any on -site emergencies and be responsible for ensuring that the appropriate procedures are followed. Also, the site health and safety officer will assess any emergency situation, including air monitoring, to determine level of PPE and emergency equipment needed. In addition, the site health and safety officer shall address pre - emergency planning as outlined in appendix A during the pre -entry briefing. Personnel Injury in the Exclusion Zone Upon notification of an injury in the Exclusion Zone, the designated emergency signal of a personal whistle /air horn shall be sounded. All site personnel shall assemble at the decontamination line. The rescue team will enter the Exclusion Zone (if required) to remove the injured person to the hotline. The site safety officer and project team leader should evaluate the nature of the injury, and the affected person should be decontaminated to the extent possible prior to movement to the Support Zone. The on- site CPR /First Aid personnel shall initiate the appropriate first aid, and contact should be made for an ambulance and with the designated medical facility (if required). No persons shall re -enter the Exclusion Zone until the cause of the injury or symptoms is determined. Personnel Injury in the Support Zone Upon notification of any injury in the Support Zone, the project team leader and site safety officer will assess the nature of the injury. If the cause of the injury or loss of the injured person does not affect the performance of site personnel, operations may continue, with the on -site CPR /First Aid personnel initiating the appropriate first aid and necessary follow -up as stated above. If the injury increases the risk to others, the designated emergency signal Personal whistle /air horn shall be sounded and all site personnel shall move to the decontamination line for further instruction. Activities on site will stop until the added risk is removed or minimized. Fire /Explosion Upon notification of a fire or explosion on site, the designated emergency signal personal whistle /air horn shall be sounded and all site personnel assembled at the decontamination line. The fire department shall be alerted and all personnel moved to a safe distance from the involved area. Personal Protective Equipment Failure If any site worker experiences a failure or alteration of protective equipment that affects the protection factor, that person and his /her buddy shall immediately leave the Exclusion Zone. Re -entry shall not be pennitted until the equipment has been repaired or replaced. Other Equipment Failure If any other equipment on site fails to operate properly, the project team Leader and site safety officer shall be notified and then determine the effect of this failure on continuing operations on site. If the failure affects the safety of personnel or prevents completion of the work plan tasks, all personnel shall leave the Exclusion Zone until the situation is evaluated and appropriate actions taken. In all situations, when an on -site emergency results in evacuation of the Exclusion Zone, personnel shall not re -enter until: The conditions resulting in the emergency have been corrected. 2. The hazards have been reassessed. 3. The Site Safety Plan has been reviewed. 4. Site personnel have been briefed on any changes in the Site Safety Plan. 15.0 Communication Procedures The site safety officer shall provide a long blast from a personal whistle air horn as the emergency signal to notify all personnel that they should leave the Exclusion Zone and evacuate to the pre - determined up- wind location, or at a minimum of 100 feet up -wind. The following standard hand signals will be used as needed: Hand gripping throat -------- - - - - -- -Out of air, can't breathe Grip partner's wrist -or both hands around waist - - - - - -- -Leave area immediately Hands on top of head ------- - - - - -- -Need assistance Thumbs up ----------------------- - - -Ok, 1 am al l right, I understand Thumbs down ------------------- - - -No, negative Note: In situations where the potential for hazardous chemical exposure exists, no work is to be conducted without the benefit of the buddy system. Before the start of each workday, employees are to form buddy teams (or assigned partners) to work with throughout that day. Decisions as to implementation of the buddy system will be the responsibility of the site health and safety officer and will be based upon activities and potential exposure. The purpose of the buddy system is to provide rapid assistance to employees in the event of an emergency. 16.0 Decontamination Procedures When appropriate, personnel and equipment leaving the Exclusion Zone shall be thoroughly decontaminated. The standard level C decontamination protocol has been modified pursuant to this site, which includes the following decontamination stations: (1) Segregated equipment drop. (2) Boot cover and glove wash. (3) Boot cover and glove rinse. (4) Tape removal. (5) Outer glove removal. (6) Splash suit and boot cover removal. (7) Inner glove wash. (8) Inner glove rinse. (9) Inner glove removal. Emergency decontamination will include the following stations: Stations 4, 5, 6, and 9. The following decontamination equipment is recommended: plastic liners for equipment drop, 20- to 30- gallon containers, soap solution, 2 -foot- long - handled brush, tubs, plastic trash bags for disposal of consumable protective equipment, and portable steam cleaner. Note: When appropriate, steam clean all contaminated heavy equipment used within the exclusion zone prior to removal from site. Mild soap water solution will be used for personnel decontamination and used PPE shall be placed inside 12 appropriate containment for disposal. Respirator cleaning and disinfecting procedures can be found in Section A of the CHSSOPM. Note: When necessary, decontamination water shall be contained to avoid runoff. All collected decontamination rinse water shall be sealed in impermeable barrels or containers and left on site in a secure location until all analysis results become available (at which time appropriate disposal method can be determined). Small Equipment and Instruments If small pieces of equipment and instruments become contaminated, they shall be washed thoroughly unless the equipment is an electronic device where immersion may create damage or ruin its functional capabilities. These pieces of equipment shall be decontaminated with a damp cloth, the surface shall be cleaned thoroughly. The cloth shall then be disposed of in the holding container with the other personal protective equipment. Large Equipment When appropriate, large equipment shall be steam- cleaned or washed with a detergent solution from a high - pressure hose stream before being removed from the work area. Examples of decontamination setup have been included in Appendix B. 13 17.0 Certification and Approval (Note: This page should be retained by the site safety officer and incorporated into the project file). By my signature, I certify that I have read, understand, and will abide by this safety plan. Printed Name Signature Date Affiliation 14 Appendix A Pre -entry Briefing Guidelines All workers subject to this plan must attend a pre -entry training program prior to commencement of work. This site - specific training includes, but not limited to: • Site safety plan. • OSHA safety and health standards. • Physical and chemical hazards which may be encountered on -site. • Typical symptoms for various exposure levels of known site contaminants. • Personal protective clothing, its uses and limitations. • Personal and equipment decontamination procedures. • Emergency response and evacuation procedures. • Air monitoring data interpretation and action levels. • Location of first aid equipment. • The location of the list of emergency phone numbers. • Directions to the nearest medical facilities. • The location of sanitar}r facilities. The site health and safety officer will hold daily safety meetings (discretionary) with all site personnel to review previous day's activities, air monitoring results and other relevant data. 0 1 02 i li" Appendix B - Decontamination Example D' , .bl P, I Ur Eacar, Out, r ;.dc 'c garment o boct co,-r Re D;-Cto, Of "co' and nn gI c ,- 2 r,-m o . ol Dispj�al of 1 cortnoga� ono inner ol- -- — — — — — — — — — - 7 PERSuNNEL DECONTAMINATION ZONE E'4uipm�.nt Dr.p PPE Dcun /- Boot/ cuter g 'e i "'e "osl Boct/ c uter - Re-,pir i tc r Outer boo' r crn o of I . �t rage of P Outer * re. (tra,h) fi '-Id iA hands and f,,)c3 Outer 6'jrrncnt Re->pi, ator if use l) a dl inner cartridges inJ i nner ffr=� 1= (1) O > -Z; cn U i7ml C/) Pas O ai oa E CO O = (U C) .2 ccS C�3 u u cr Ct) c t C� cn co Cz C) p CA by - T, - ; ct 4.; C6 E by C) � C) C U CZ Q. i7ml C/) Pas O ai oa E CO O = (U .2 o aj co C-) - T, - ; C) > cz Q. p U 0 cn ct ch cn � W . i7ml C/) Pas O ai oa E CO O o a3 cz� cz — O O a3 0 al r— cl� O zo co C-) o a3 cz� cz — O O a3 0 al r— cl� O zo ct 7:1 C,3 u kZ al u bjD U 0- ct r— cn cz� cn Cd CIS cn In. C- (D > CIS u CL ct Z odd C) cz m - 10 cn cn m Cd Ln cn rq (n ct 0 ;.. U cn V In bf) C - 0 b 7:1 4 cn ct E '4= > C. M C13 CL E 0 2 cc -C u �D cc CL . . . . .... .. blb ct 'n C) �4- 0 .- Cl) W by — Ln 0 0. cn 0 0 r- x 6 41t- 4- c , E c 'A cn O C,— E c u , O cn N cn cn cn 7= cn O E > 0 u rn Z:) b El C CA CL lw�l c C4— 0 cn \ / � � \ � ct �T— '4 '4— C) C) cz ct 28: eZ V) / / cn M x 0 M > ct CL cn - = -0 7 (n Ln CL (u cn 'a / 7 7/\ C) cz ct 28: O a. a. Ev ct ct ct — C1. 4— aj EL 41 C) u Cl) ct cn cn cn q) cn cn cG cn bL ct CA to 0 0 Cl) E tO p = 0 aj En OZ In CA p -Z� m z bb ct E 0 _O E — CA 0G to x 7-1 LLB N N ct z — a3 .2 4 ct ct O C7 o O cr Y o M L) Q) to 0 cz O a. a. Ev O a. mi O 7. 14- ct cn O a5 m L2 M r- . 0 cn CA CA � 0 o un cn cn bp - C '14 O E m L't Q. Q - 1= X C13 -0 cn Zn C) O cn C4— 2 ct O 4ct CA O O O Q om, O a. mi Development •• Action 5550 Winnetka Avenue North New Hope, Minnesota Prepared for Minnesota Pollution Control Agency The City of New Hope June 8, 2004 t • 3620 Edward St. NE St. Anthony, MN 55418 Phone/Fax: (612) 789-6136 Email: djb@highstream.net DIVERSIFIED ENVIRONMENTAL,, INC. June 8, 2004 Mr. Mark Koplitz Mr. Kirk MacDonald Minnesota Pollution Control Agency City of New Hope 520 Lafayette Road North 4401 Xylon Avenue North St. Paul, Minnesota 55155-4194 New Hope, MN 55428 Dear Mr. Koplitz and Mr. MacDonald: Re- Development Response Action Plan; 6550 Winnetka Avenue North; New Hope, Minnesota Diversified Environmental, Inc. (Diversified) has prepared this Development Response Action 'Plan (DRAP) for the proposed construction activities on the parcel at the above-referenced site. As a portion of a larger project, The Ryland Group, Inc. (Ryland) is planning to construct a building containing several townhomes, some of which will be constructed on a portion of the 5550 Winnetka, property. This DRAP has been prepared to establish procedures that will be used to remove contaminated subsurface soils prior to redevelopment activities at this property. Primarily, this DRAP will discuss methodologies for excavation and disposal of petroleum- contaminated soils, as well as backfilling of the excavated area. If you have questions regarding this DRAP, please call Doug Bergstrom at (612) 789-6136. Enclosure: DRAP Cc: Steve Sondrall, Jensen and Sondrall Vince Vander Top, Bonestroo Mark Sonstegard, Ryland Homes Gay Greiter, Krass Monroe Table of Contents 1.0 IntrodUctiom-------------------------------------------.| 2.0 Responsibilities ............................................................................................... .......................... 1 3.0 Project Background ................................................................................................................... 2 31 Historical LUST-Related Investigations ...................................................................... 2 3.2 Project Area Phase 1 Environmental Site Assessment .......................................... 4 3.3 May 2OO4 Subsurface Investigation., ------------------------.4 4.0 Proposed Construction ............................................................................................................ 5 5.0 Development Response Action Plan- Soil Scrmemimg -----------------.j 51. Soil Screening Procedures ........................................................................................... 5 5.2 Segregation Of Contaminated Soil -------------------- ................ 6 5.3 Sampling and Analytical Testing .................................................................................. 6 5.4. Confirmation Soil Sampling for UD8xc8v8ted Soils .................................................. 7 5.5. Soil Disposal @ndReuSe-------------------------------'D 6.0 Development Rempoose AuctonPlam- Undergmmumd Storage Tanks--------'0 7.0 Development Response AactionPlom- Smil Vapor Control ............................................. 8 8.0 Site Health and Safety Plan .......... ........................................................................................ |0 9.0 Reporting --------------------------------------------\0 10.0 Schedule ........... ......................................................................................................................... lU Enclosures • Subsurface Investigation Report, Diversified Environmental, June 8 2004 • Health, Safety, and Accident Prevention Plan, Braun Intertec, June 8, 2004 Development Response Action Plan 5550 Winnetka Avenue North New Hope, Minnesota 1.0 Introduction The Ryland Group, Inc. (Ryland) plans to redevelop approximately 34 contiguous properties along Winnetka Avenue North and Bass Lake Road in the City of New Hope. Current land use in the redevelopment area is primarily single - family residential, but also includes a two -story office building and two businesses that occupy buildings originally built as single - family residential housing. Proposed development plans are for construction of 170 residential units (120 townhome units and 50 condo units). One of the properties (5550 Winnetka Avenue North) was formerly used as a gasoline service station, and where a petroleum release has been documented. A small portion of the redevelopment construction is planned to be done on a portion of the 5550 Winnetka property. The purpose of the DRAP is to provide an outline of the methods that will be used to evaluate contaminated materials that may be encountered during excavation at the site (including unknown buried storage tanks) so that the contaminated materials may be recognized, segregated, and disposed of appropriately. Also, it is possible that contaminated soils will remain in the northernmost portion of the property (under Bass Lake Road and associated right -of -way); the DRAP recognizes this possibility and provides for a permanent but passive vapor control measure to minimize the potential for organic vapor migration into the proposed residential construction. 2.0 Responsibilities The following are the key personnel involved in the project: Owner's Representative Representative Phone Number Fax Cell The Ryland Group, Inc. Mark Sonstegard (952) 229 -6007 (952) 229 -6024 (612) 366 -2927 City's Environmental Consultant Project Manager Phone /Fax Cell Diversified Environmental Doug Bergstrom (612) 789 -6136 (612) 916 -7372 City of New Hope Representative Phone Number Fax Construction and Excavation Kirk McDonald (763) 531-5119 (763) 229-5136 To Be Determined Minnesota Pollution Control Agency Project Manager Mark Koplitz Phone (651) 296-7999 MPCA Emergency (651) 649-5451 (State Duty Officer) Local Emergency 911 3.0 Project Background The total project area to be redeveloped is comprised of - approximately 34 contiguous parcels, which extend along the east side of Winnetka Avenue North and the south side of Bass Lake Road in the City of New Hope. The City has been acquiring selected parcels in this area over time in planning for redevelopment activities, and recently has selected Ryland as the redeveloper for the project. The City is currently in the process of acquiring the remainder of the properties, and plans to have title and possession of all properties by April 27, 2004. Ryland will take possession of the parcels from the City in three phases between April and September 2004. Of all of these properties, only the 5550 Winnetka property is known to have residual contamination; no others are known or believed to have contamination issues. Below is a brief discussion of the environmental site history of the 5550 Winnetka property as well as the project area. 3.1 Historical LUST-Related Investigations The 5550 Winnetka property is currently vacant, but previously was occupied by a Unocal gasoline service station. The Unocal station was built in 1959 and demolished in 1975. In 1975, a retail donut business was constructed at the site, which was used as a Winchell's Donuts and subsequently as Bosa Donuts. The 1975 building was demolished in 2000 after the City of New Hope acquired the site. In 1988, an environmental reconnaissance subsurface investigation was performed as part of a proposed property sale, and subsurface soil contamination was identified and reported to MPCA (MPCA LEAK00000538). Unocal Corporation was '111 identified as the responsible party, who subsequently arranged for a more detailed subsurface investigation in 1989. The results of the 1989 investigation concluded that no corrective actions were warranted, and MPCA concurred and issued a "no further action" letter in June of 1990. As part of the 1988 evaluation, a total of nine borings were advanced at the site, and a magnetometer survey was performed. The magnetometer survey indicated no anomalies indicating the presence of buried tanks. The borings encountered 1 to 4 feet of fill consisting of silty sand overlying sandy clay. No saturated conditions were reported to depths of 16 feet below grade. Contamination was encountered in the soil borings B -2, B -3, B -4, B6, B -7, B -8 and B -9. These borings were primarily located on the west central and north - central portion of the site, and the highest concentrations of contamination appeared to be located in the north- central portion of the site near borings B -8 and B -9. No laboratory testing of any soil samples was performed as part of this investigation. During the 1989 site exploration investigation, a magnetometer survey, a ground - penetrating radar (GPR) survey, and five borings were advanced at the site (B1 through B5). The magnetometer and GPR surveys did not indicate any anomalies that indicated the presence of buried underground tanks. The borings generally encountered 1 to 2 feet of fill underlain by sandy clay to a depth of approximately 48 feet. Fine to medium sand was encountered below 48 feet, and was observed to extend to a depth of 71 feet below grade. .Groundwater was encountered at a depth of 62.5 feet below grade. Soil contamination was encountered in borings B1 and B3, and was observed to extend to depths of approximately 18 feet in B1 and 20 feet in B3. Laboratory chemistry performed on samples from borings B1 and B3 indicated measurable but relatively low levels of gasoline -based soil contamination, Although no chemical samples were taken, visual and olfactory observations on groundwater did not indicate evidence of contamination. As part of the 2000 demolition of the former donut shop building, the demolition contractor noted evidence of petroleum contamination, and reported this to the State Duty Officer. MPCA, not aware that the property was previously investigated and closed, issued a new leak site number (LEAK00013632). This new leak site number was subsequently closed on November 2, 2000 when MPCA recognized the duplication, without requiring additional investigation or remediation. 3 3.2 Project Area Phase 1 Environmental Site Assessment In January 2004, Braun Intertec completed a Phase I environmental site assessment (ESA) for the 34 properties comprising the entire redevelopment area. The Phase I ESA revealed only the presence of soil contamination at the 5550 Winnetka property as recognized environmental conditions. Additional details regarding the investigation results at and near the 5550 Winnetka Avenue property are contained in the following reports that have been previously submitted to the MPCA VPIC staff: • Preliminary Environmental Reconnaissance Report, STS Consultants, April 26, 1988; • Site Exploration Report, STS Consultants, July 31, 1989; and • Phase 1 Environmental Site Assessment Report, Braun Intertec, January 2004. 3.3 May 2004 Subsurface Investigation In May 2004, a subsurface investigation was performed by Diversified Environmental to better determine the lateral and vertical extent of petroleum contamination at the property, and to determine whether or not the adjacent property to the east had been impacted by the same contamination. Also, limited testing was performed to determine whether contaminants other than petroleum had been released at the site. A total of 11 borings were performed by Matrix Environmental to depths of 20 feet below grade (fbg) on May 10 and 11 2004, and a field technician from Braun Intertec oversaw drilling operations. The results of the subsurface investigation showed that petroleum contamination remains at the site, and the investigation further defined its lateral and vertical extent. In general, petroleum contamination exists in the area of the former underground storage tanks and fuel dispensing islands, but does not extend significantly to the south of these areas. Petroleum contamination also extends slightly onto the northwest corner of the adjacent property to the east (7809 Bass Lake Road). Although not specifically targeted for drilling, petroleum contamination likely extends to the north under Bass Lake Road near the northeast portion of the 5550 Winnetka property and also possibly adjacent to the 7809 Bass Lake Road property as well. No field evidence was observed of any contamination related to fuel oil and used oil tanks formerly present at the site, which was confirmed by chemical analyses of samples taken in this area. 11 Chemical analyses show soil petroleum contamination levels ranging from 50 to 400 parts per million Gasoline Range Organics (GRO), with lesser levels of Diesel Range Organics (DRO) and BTEX (benzene, ethyl benzene, xylene and toluene) compounds. All petroleum contaminants are consistent with previous investigation results. No evidence of volatile organic compounds, fuel oil contamination, or elevated RCRA metals exists in the area of the former underground fuel oil and used oil tanks, and elevated levels of lead were not found near the former petroleum tanks. No significant subsurface ground water was encountered during the investigation, as nine of the eleven borings showed no saturated conditions to their total depth. Two borings (DEC -5 and DEI- 10) showed saturated conditions in small sand seams generally between 12 and 18 feet below grade, but these saturated conditions are not thought to represent any significant ground water resource in the area, nor are they expected to pose any significant obstacle to future soil excavation and disposal. Also, there was no evidence of any petroleum soil contamination through the entire depth of either of these borings. i ••• • • •. Redevelopment of the entire project area includes proposed construction of a total of 120 townhomes and 50 condominiums. Of these, two buildings containing several townhomes will be built on portions of the 5550 Winnetka and the 7809 Bass Lake Road properties. Site plans, including preliminary plats, existing conditions, grading plan, utility plan and landscape plan were previously submitted to MPCA VPIC staff. 5.0 Development Response Action Plan- Soil Screening 5.1. Soil Screening Procedures Prior to construction, a qualified environmental technician, under contract with Braun Intertec and working in concert with Diversified Environmental, will be on site during excavation activities within the boundaries of the 5550 Winnetka and 7809 Bass Lake Road properties to document subsurface soil conditions. Specific activities to be monitored include excavation and excavation backfill activities. Excavated soils will be observed for the presence of visual and olfactory indications of contamination. Direct olfactory evaluation of contaminated soil is not recommended for safety reasons, but incidental observations will be noted and acted on. The technician will follow MPCA- approved headspace methodology using a PID equipped with a 10.6 electron volt lamp to monitor soil for the presence of organic 5 vapors. A minimum of one sample for headspace analysis will be collected for every 20 cubic yards of soil removed. Screening results will be documented. The headspace analytical procedure is used to field-screen organic vapor levels in soils. The procedure consists of half-filling a new quart-sized sealable bag with a soil sample. The bag is quickly closed and headspace development proceeds for at least 10 minutes. The bag is shaken vigorously for 15 seconds, both at the beginning and the end of headspace development. After headspace development, the PID probe is inserted into the bag to one-half the headspace depth. The highest reading observed on the PID is then recorded. 5.2 Segregation of Contaminated Soil Petroleum-contaminated soils encountered during the excavation will be stockpiled on-site based upon PID readings, visual and olfactory indications as follows: • Soils that exhibit organic vapor concentrations (as measured by a PID headspace reading) of 10 parts per million or less above background concentrations and that exhibit no significant visual or olfactory characteristics indicating potential contamination, will be stockpiled to be used on-site at a later time at the discretion of Ryland's general contractor. Soils that exhibit PID headspace readings greater than 10 parts per million above background concentrations and/or display visual or olfactory evidence of contamination will be segregated and stockpiled on polyethylene sheeting or other impervious surface, and covered with polyethylene sheeting at the end of each workday that will be secured in place. The environmental field technician will work with the contractor to identify a convenient site location for stockpiling soils as well as make recommendations for possible berming to minimize stormwater interactions; however, the location of stockpiled soils and their storage shall be the responsibility of the contractor. 5.3 Sampling and Analytical Testing Chemical characterization of contaminated subsurface soils has been previously performed, and so no additional chemical sampling and analysis of stockpiled soils is planned. Should field observations suggest new evidence of contamination other than petroleum, Diversified Environmental will discuss the need for laboratory analytical tests to characterize any stockpiled soils with the City of New Hope and the MPCA prior to initiating any laboratory analyses. Analytical parameters, given 6 the history of the site, may include GRO by Wisconsin Department of Natural Resources (WDNR) Method, DRO by WDNR Method, VOCs by Method SW -846 8260B, and eight RCRA metals by Method SW -846 6000/7000 series. Any chemical samples taken will be transported under refrigerated conditions and accompanied by Chain -of- Custody records. All analyses will be performed at the Braun Intertec laboratory within EPA holding times. Sample locations will be recorded for assisting in interpretation of analytical results. 5.4. Confirmation Soil Sampling for Unexcavated Soils After contaminated soils (as indicated by visual, olfactory, or PID headspace observations) are excavated, confirmation soil samples will be collected from the finished excavation base and sidewalls and held for PID headspace analysis and possible laboratory analysis. The number of soil samples will be collected based on the following: Area of Excavation Floor (square feet Less than 500 500 -1,000 1,000-1,500 1,500 -2,500 2,500 -4,000 4,000 -6,000 6,000 -8,500 Area of Excavation Sidewall (square feet Less than 500 500 -1,000 1,000 -1,500 1,500-2,000 2,000-3,000 3,000 -4,000 >4,000 Number of Grab Samples 2 3 4 5 6 7 8 Number of Grab Samples 4 5 6 7 8 9 1 sample per 45 linear feet of sidewall Diversified Environmental will discuss the need for laboratory analytical tests to 7 characterize the unexcavated soils with the owners and the MPCA prior to initiating any laboratory analyses. Should analysis be deemed necessary, samples will be analyzed by Braun Intertec for parameters in accordance with the scheme described in Section 5.3 above. 5.5. Soil Disposal and Reuse Excavated soils will be reused or disposed of as follows: If there is no indication of significant contamination (i.e., P1D headspace readings less than 10 parts per million) and no construction debris is present, the soil will be re -used later at the discretion of the Ryland's general contractor. ® Soils containing construction debris will be disposed of at a licensed and state agency - approved demolition landfill. Soils exhibiting contaminant concentrations in excess of the 10 ppm PID headspace will be transported for disposal off -site at an industrial, hazardous waste, or other appropriate disposal facility. 1'- •• - •• • •- • • • • It is believed that all USTs located at the 5550 Winnetka property have been removed. However, it is not unusual that former service station sites hold buried USTs that are unknown. Accordingly, excavation in the areas of the site where E former USTs were located will proceed cautiously. If a metal surface indicating the ! presence of a tank(s) is encountered, the area around the tank(s) will be carefully excavated. The tank(s) will then be inspected to evaluate the presence of liquid i product in the tank(s). If product is present, it will be removed by pumping prior to removal and disposal of the tank(s). The tank(s) will be removed by a licensed UST j removal contractor and will be completed in accordance with MPCA requirements. 7.0 Development Response Action Plan- Soil Vapor Control Although not verified, it is possible that petroleum - contaminated soil (contaminated at relatively low concentrations) exists under Bass Lake Road at or near the northern portions of the 5550 Winnetka and 7809 Bass Lake Road properties and associated rights -of -way, and that contaminated soils will remain there due to limitations on excavation near the road. These limitations are related to preventing structural Development Response Action Plan Implementation Report 5550 Winnetka Avenue North New Hope, Minnesota Prepared for Minnesota Pollution Control Agency M The City of New Hope September 30, 2004 3620 Edward St. NE St. Anthony, MN 55418 PhonelFa)c (612) 789-6136 Email: djb@_highstream.net September 30, 2004 Mr. Mark Koplitz Mr. Kirk MacDonald Minnesota Pollution Control Agency City of New Hope 520 Lafayette Road North 4401 Xylon Avenue North St. Paul, Minnesota 55155-4194 New Hope, MN 55428 Re: Development Response Action Plan Implementation Report; 666T Winnetka Avenue North and 7601 Bass Lake Road; Now Hope, Wirtg =7 Diversified Environmental, Inc. (Diversified) has prepared this Development Response Action Plan (DRAP) Implementation Report for the proposed construction activities at the above-referenced parcels. This Implementation Report has been prepared to document activities that occurred to remove contaminated subsurface soils prior to redevelopment activities at these properties. All actions proposed in the DRAP and required by MPCA have been completed, and we request that MPCA issue a DRAP Implementation Report approval letter. If you have questions regarding this Implementation Report, please call Doug Bergstrom at (612) 789-6136, Sincerely, Do las J. Bergs ram, PG, CHMM Principal Enclosure: DRAP Implementation Report Cc: Steve Sondrall, Jensen and Sondrall Mark Sonstegard, Ryland Homes Gay Greiter, Krass, Monroe Table of Contents 1.0 Introduction ................................................................................................... ............................... I 2.0 Responsibilities ............................................................................................ ..............................1 3.0 DRAP Requirements ..................................................................................... ..............................2 4.0 Work Performed ............................................................................................. ..............................2 5.0 Conclusions and Recommendations ....................................................... ............................... 6 Appendices • Appendix A: Location of Excavated Soils and Sampling Location map • Appendix B: Braun Intertec Field Notes • Appendix C: Braun Intertec Analytical Chemistry Reports Development Response Action Plan Implementation Report 5550 Winnetka Avenue North New Hope, Minnesota 1.0 Introduction The Ryland Group, Inc. (Ryland) is in the process of redeveloping approximately 34 contiguous properties along Winnetka Avenue North and Bass Lake Road in the City of New Hope. Previous land use in the redevelopment area is primarily single - family residential, but also includes a two -story office building and two businesses that occupied buildings originally built as single - family residential housing. Proposed development plans are for construction of 170 residential units (120 townhome units and 50 condo units). One of the properties (5550 Winnetka Avenue North) was formerly used as a gasoline service station, and where a petroleum release has been documented. A small portion of the redevelopment construction is planned to be done on a portion of the 5550 Winnetka property as well as a portion of the 7601 Bass Lake Road property. The history and results of subsurface investigations at the site are summarized in the Subsurface Investigation Report (June 8, 2004) prepared by Diversified Environmental. Proposed actions during excavation are discussed in the Development Response Action Plan (also dated June 8, 2004), which were approved by MPCA on July 14, 2004. The purpose of the Implementation Report is to document activities that occurred to remove contaminated materials encountered during excavation at the site, as well as their appropriate disposal. 2.0 Responsibilities The following were the key personnel involved in the project: Buyer's Representative Representative Phone Number Fax Cell The Ryland Group, Inc. Mark Sonstegard (952) 229 -6007 (952) 229 -6024 (612) 366 -2927 City's Environmental Consultant Project Manager Phone /Fax Cell Diversified Environmental Doug Bergstrom (612) 789 -6136 (612) 916 -7372 -1- City of New Hope Representative Phone Number Fax Construction and Excavation Project Manager Phone Number Fax Kirk McDonald (763) 531-5119 (763) 229-5136 Belair Excavating David Smart (651) 717-3013 (651) 786-0769 Minnesota Pollution Control Agency Project Manager Mark Koplitz Phone (651) 296-7999 MPCA Emergency (651) 649-5451 (State Duty Officer) Local Emergency 911 3.0 DRAP Requirements Proposed remediation activities committed to in the DRAP included: • Excavation and off-site removal of all subsurface soils that showed field photoionization levels of greater than 10 ppm; • Excavation and off-site removal of all soils that showed any evidence of contamination under the proposed building footprint; and • Backfilling with select granular borrow. In the MPCA DRAP approval letter, MPCA also required a minimum four-foot layer of clean soil in any green space areas, and that follow-up soil sampling be conducted. 4.0 Work Performed All proposed actions committed to in the DRAP and required by MPCA were performed. The work commenced on August 25 2004, and was completed on September 14 2004. The following discussion documents the details of the work performed. -2- A. Personnel and Equipment: Braun Intertec: Braun Intertec environmental field technicians were on-site during all excavation activities, and performed MPCA-approved head-space analyses of subsurface soils using a calibrated field photoionization detector (PID) with a 10.7 eV lamp. They also documented the extent of contamination and gave direction to the excavation contractor regarding the extent of contaminated soils. Also, Braun Intertec geotechnical personnel were periodically on-site to document subsurface compaction of backfilled materials. All Braun Intertec work was governed and performed according to a Braun Intertec site-specific Site Safety Plan, Belair Excavating: Belair Excavating personnel removed subsurface soils and loaded trucks for off-site disposal utilizing a large backhoe, and compacted backfill with a sheep's-foot compactor. All Belair work was governed and performed according to a Belair Excavating site-specific Site Safety Plan. Independent trucking companies under contract to Belair performed trucking of contaminated soil and associated backfill. B. Summary of Work Subsurface Conditions Encountered: Subsurface soils encountered during excavation were found to be generally clayey sand and sandy clays in composition, with occasional interbedded sand seams. Contaminated soils exhibited a gray discoloration, which was used in conjunction with PID readings to guide the excavation. Measured photoionization detector readings of excavated soils ranged from 0 ppm to near 500 ppm, and which are shown in the field notes in Appendix B. In general, the depth of excavation necessary to removed contaminated soils was approximately 15 feet at the western portion of the site, and near 20 feet in the northern and eastern portion of the site. The lateral and vertical extent of excavated soils is shown on the figure in Appendix A. A total of approximately 13,000 tons of contaminated soils were excavated and disposed of at the MPCA-permitted Onyx/Superior FCR Landfill near Buffalo, MN. Although the source of the contamination was from former retail gasoline operations at the 5550 Winnetka site, subsurface contamination was found to also extend into the northwestern portion of the 7601 Bass Lake Road property, which were excavated in their entirety. -3- Soils containing significant contamination existing in the sidewalls at the western and northern edge of the 5550 Winnetka property (locations SW -W3, SW -N1 and SW -N2 on the table below) were unable to be completely removed due to their proximity to Winnetka Avenue and Bass Lake Road. However, their distance from the proposed construction, coupled with the intervening thickness of fill (up to 20 feet) of select granular borrow, should provide ample protection from potential vapor migration into the area of proposed construction. Sample location B -8 contains residual contamination at relatively low levels ( <5 ppm), and the remaining five samples showing residual contamination are primarily near the northern boundary of the site and show contamination levels below 1 ppm (and near detection levels). All locations are separated from the proposed construction area by areas of select granular borrow backfill. A vertical pipe was encountered near the center of the excavation, which was assumed to be an unused and abandoned domestic water well. The well was later sealed by Aqua Plus, a Minnesota Department of Health- licensed water well contractor. A 4 -inch diameter transite sewer pipe was encountered during excavation approximately 5 feet below grade, which was carefully removed, bagged, and turned over to Veit Construction (working nearby and already under contract to the City of New Hope) for disposal under MPCA emergency notification rules. No previously unknown underground storage tanks were encountered during the excavation. Confirmatory sampling of the floor and sidewalls of the excavation were taken in accordance with the plan submitted in the DRAP and submitted for laboratory analyses. The results are summarized in the table below; measured values believed to represent actual contamination values are shown in bold. The locations of the samples are shown on the figure in Appendix A, and the laboratory results are contained in Appendix C. -4- Sample Number GRO DRO Total BETX Comments B-8 @20' ND ND 4.958 SW-N3 @ 10' ND ND 0.336 B-9 @19' ND ND ND B-10 @19 ND ND 0.212 B -11 @20' ND ND 0.145 B-12 @20' ND ND SW-N4 @ 12' ND ND 0.233 B-13 @18' ND ND 0.299 B-14 @21' ND ND ND SW-W1 @ 9-10' ND ND 0.043 Lab contamination SW-N1 @ 11-12' 380 190 14.7 B-1 @ 10-1 ND ND 0.045 Lab contamination B-2 @ 10' ND ND 0.042 Lab contamination SW-W2 @ 9' ND ND 0.041 Lab contamination B-3 @ 15' ND ND 0.040 Lab contamination SW-N2 @ 11' 70 ND 0.85 B-4 @ 12' ND ND 0.039 Lab contamination B-5 @ 13' ND ND 0.036 Lab contamination SW-W3 @ 9-10' 820 240 3.93 SW -S1 @ 9' ND ND 0.035 Lab contamination B-6 @ 16' ND ND 0.035 Lab contamination B-7 ND ND 0.044 Lab contamination SW-E1 ND ND 0.043 Lab contamination SW-S3 @ 15' ND ND 0.032 Assumed lab contamination- no methanol blank SW-N5 ND ND ND B-15 @ 19.5' ND ND ND B-16 @ 19.5' ND ND ND - B-17 @ 19.5' ND ND ND B-18 @ 19.5 ND ND ND Base #19 - ND ND ND Base # 20 ND ND ND Sidewall lf-i N D ND ND Sidewall E-2 ND ND ND All reported values are mg/kg -5- A relatively small amount (estimated at less than 100 cubic yards) of on -site excavated soils that showed no evidence of contamination (from headspace and visual analyses) were reused on -site during backfill operations. These soils were placed along the western border of the site. The remainder of the site was backfilled with select granular borrow obtained off -site, in accordance with the plan proposed in the DRAP. 5.0 Conclusions and Recommendations As can be seen from the table above and map in Appendix A, soils containing significant contamination have been removed from all but the periphery of the site, and do not underlie any area proposed for residential construction. Additionally, select granular borrow was used to backfill the vast majority of the site, which will provide a clean soil vertical and horizontal buffer between areas proposed for construction and remaining contaminated soils at the periphery of the site. Therefore, the proposed construction should have negligible risk for receipt of organic vapors from remaining contamination at the site. We recommend that MPCA issue an approval letter regarding the DRAP implementation actions described in this report. WOE 2� | /5 � y CD uj e y-|-- x --� c -- n - - -- -- --�� V�--� - --�--� /- - / ----/---�----�-- z I NK]Ty\ / -- -- --- / | ---- -- ��� CL - -- ---- --- --- ~ |o | � _ Z . / � ! / | < o w D / LU � w| ° ` / | ga ft BRAUN Description: INTERTEC Project No: 'V— -71 I Date 11 r r ; ItX �1 4P ... ve-, 2 p 4 11 Providin !n ineLrm, and s) i - 9 1 1, � I ( I oils S 71c, j 57 W Project No.: BL-04-05896 Project: Property, 5550 Win netka Av N. New Hope INTERTE C Description: Date: Recorded By: RJP PID # 6 Field Data TRUCK HAUL LOAD TR,-kCKING /SCREENING Haul Start: End: Page I Of Time and - PID Bag H.S. Reading: C a b - Trailer Description Cab No. I Trailer No Hauler R1 R2 R3 R4 R5 R6 R7 R8 iiTl c 10,5�21 12y� 432 2 F/_ 1)a q,5 I Y9? 7 - 7 3 4 47 W / 7 : 7 - Ail 6 7 167 S 8 4f c YO 9 J 10 )7/ 1 into -7 12 13 14 7 °2) 15 16 17 18 19 20 21 22 '7 23 124 W Description: Proje No: Date. By: mmd«m am vlvtir ear 9i7 j nc ,'- IS A L.-g- ------------ ory ................ L Qi ---------- X>Cno 41 P'. A*42, LELr> 17D s, SIGNATURE READ AND UNDERSTOOD DA 17E DA TIE i9 r ;- aft IM FIRCA Description: INTERTEC Project PVo: Date: By: � V e c Lc G. ry rah '�' L v. _ � 4"` f�,/�u' • � . 51,2S, �.:' /te ✓ ^' i'.d r ( 4 r .. J / ... � /� i�� .� L�1'r�� �f..[.r V � � �^=.� cr'y -'t��� w _ . �L.4�;LG�_�t✓e . -.. - <_.- -C �tr-���. Y"'c_ •s....r_r �,J`� 0 -�"r c:- a-..C. a�f"J �� S_ 1 �i1�71•.'('7 "( ^ ?rr f 177 /] P7 ?- 1'it'n *i;n� >fl�.r) cnivrr�O�e ein:�,� In ^.i BRAUN INTERTEC Project No.: BL-04-05896 Project: Property, 5550 Winnetka Av.N., New Hope_ Description: Date: 7- 0/3 Recorded By: RJP PID # 6 Field Data TRUCK HAUL LOAD TRkclaN(; SCREENLNG Haul Start: Zf End: )J Page I Of Time and- PID Bag H.S. Reading: Cab-Trailer Description Cab No. Trail RI R2'J R3 I R4 I I R6 R7 R8 12 r AO/O . ; . X707 \ _R5 2 I A5 /YI 14 2,-1 Il e > Ix la lx 15 16 I Pk 74�6 _7' 0 1V Z 19 12— 7 77 7 Ll 7' 1 21Z MY It FC) 7 8 7U Z1 �0 9 X 22 AL r t� I-FA 11 7 0 q, )12 A/3i -7-1 1 12 r . ; . \ d N 13 I A5 /YI 14 2,-1 Il e > Ix la lx 15 16 19 12— 7 77 20 21 22 AL r t� v 23 1,; 1 7 24 25 2-e ;/�--',,J UJ Wft EN UKAUN Description: I ICI TE ITT EC Project Nw. 41— D BY: C_ (7 4 ' Ar—C _57 zild ell vi solutions since 1957 s ! l Project No.: BL -04- 05896 Project: Property, 5550 Winnetka Av -N., New Hope Description: _ 10 '3 a ro 4t"",L Date: W F Lo/ /, 00 _ Recorded By: RJP PID # 6 Field Data TRUCK HAUL LOAD TR4CKPi tG / SCREENING Haul Start: . d 7'Po End: / Page / of �v`,,237 .7t/ Time and ,� s 2 � ���s � PID Bad H.S. Reading: Cab - Trailer Description Cab No. Trailer No Hauler R1 R2 R3 R4 I R5 I R6 R7 RS R9 1 � 1 1 2A M0 1 8 1 2 t13' 3 6 7 ,_, i� 131 r 1 4 150 12_ 070 Ho I W q;F I Nu - x 15 971 16 17 '` 1'1x7 18 19 20 v 21 22 r 23 24 _ T_. F I I Description: BRAUN INTERTEC 7k Proiec Dote.` 13 y: .'...; .O� ✓� �t -..( G'' �'``'�'�'.' ��c. ,�s �t xc.�i� / �;::. • y+ 'v „5..., , O�'1 ���N%'„`,r. r��r.1�:.i. �;',`n...o '71 90 513 �Z. (V 00 ......... .. v v 1-f4 J. e4— 1 e . 4 7 01, /P Z As let—: I A— f— ry e-l� �7 Al 47,1-7 Providinf cngbw-,-hi: anc,' cnvinonm - cat soli;tion5 since 19457 ..B"- UN Project No. BL-04-05896 Project: Progerty, 5550 Winnetka Av N., New- INTERTE Date: Zle Recorded BY: RJP PID #-A_ Field Data TRUCK RAUL LOAD TRACKING SCREENING Haul Start: 6C,53 End: 0 Page "of Time and PED Bag H.S. Reading: Cab-Trailer Des Cab No. Trailer Nao Hauler RI ' '' '' oi owl n V 131 5 AF ( li , ,� - 0 70'7 0 1117 X m 8 e- 10 lo 1; 1 7 yo ns 1 1 17 X 18 J - 71 VC I I C-e il, 11 L4 1 17 ' '' '' BRAUN INTERTEC Project No.: BL- 04- 05896 Description: Date: Project: Property 5550 Winnetka Av N , New Ho Recorded By: RJP PID # 6 Field Data TRUCK HAUL LOAD TRACKING / SCREENING Haul Start: End: Page 2 of 2. Time and ATT1'n- u c ue.,a: --. as���man = mmmm� ��Wwl I F MAIN VZ44M h AIMMEM MAIN _MSEMMONEE 11 MMIMMUMMEMMEMEM mm MEMEMEMEM mm MEMEMMEME mm WEE0 EMMEM mummommom MAIN amm MENUMMEME HIM MMEEMEMEN MMEMEMEME MEMMEMEME 11011M MEMMEMEN HIM MENOMONEE HIM MEMMEMMEM HIM MEMEMEMEN HIM MEMMEME HIM SOMEONE HIM MEMMEME mm No MENEM mm mom MEMEN HIM ME MENEM 0 MEMEM ME MENNEN Description: Proiect No: 'Fig Date: BY: 0'76 0 g c Ily 10 71le .. .:... �c. rt �.C.� rle (�c flGe✓s ��b �c^e,Jft,. Cjo�h2. S / 41W (77 'z cf'2p z ,L.s- AL m 41 4r_ r r • Project No.: BL -04 -05896 Project: Propertv, 5550 Winnetka Av N., New'Hope Description: 4c cr �� Srs: l Date: P 9 �of y' Recorded By: RJP PID # 6 Field Data TRUCK HAUL LOAD TRACKING / SCREENING Haul Start: 66'S:�r End: &, Page / of Time and PID Bag H.S. Reading: Cab - Trailer Descri tion Cab No. Trailer No Hauler RI I R2 I R3 I R4 I R5 I R6 R7 R8 R9 2 f� > 1 1Yvlt� n_ &f4 lot 7 %Z45 3 C14ro 17/ ✓ 4 e$05 ?q7 / /' 133 5 l� 10 1'j 09171 load I /v ✓ 6 c1 t1 1 1,`. � , :7 /1 4/ .5' 7 8 9 10 12 �d i C p 13 14 '� C n S 0. Z s A fi 15 16 �'/�K� � Nrs 17 18 19 Zv"JS A 2I 22 23 24 25 sM Description: x� :� -fir °c �.��Q� o -w� /mss IMPLAUN Project No Date: �f. 5 =7..zGa $y: / v . E!� �at70 it 1 -� x a � — tip— VVl_ ' ✓r i J S GsT 1Y i �51� —iAt � i i „�x Vo 16 uij rb r it , it i y •, �c i z cR lo -T m E ca IL LO V:1 to 0 bk P spa{ n s;a4 fL # fi < C5 tAT . 81' L sl' uj a 2 Q U) a_ E CD E E IL LL LU z cR lo -T m E ca IL LO V:1 to 0 bk P spa{ n s;a4 fL fi C5 tAT . 81' L sl' E CD E W 53 cr u U I T- RRAUM s"' Description; I N TERT /�rare�ca^' ,�c.St(�A c.'�5 ✓� +L'G y D �`a+ccr- �e+o�s�ve «d V:' Project No: — yY — csu`�F6- —�— Date: — By: Curb `-1 ,e4zr ' L'14e x • Al-11 1 t. CO. f D f .. 2.S ' � �.._ 5D � ✓`` ©o _ - . " 1 Z�S _...�f r "` l �.. _ 175 2v /G ;.AY C� e 11 au A-p _ � t m 6 Wti W2- `- '5 IL5 _ - _ � �. 1, a. `� ` �� � •( _. +.A �i . L t+.. C � l !vo 1.z tt�s t7 _. 70 W _ fit: .::`t4)- t z 0 P 20 �W`'� t�.� ........... . G` V - i 0 v SIGNATURE READ A,' UNDERSTOOD 19 F 3 ---�. `527 s� �,t�1'C- Qom•" �' K v �b>47 k c GtL-f� �-k„� �� ® •' !r 1 r h` (Sa. r 7 P a ' a NS ��, $ 1{�j 4 to .o ,eagVtgl c,J :sVW e L J SIGNATURE READ A,' UNDERSTOOD 19 B MEW MCM mm mm SM � Description: �x Go-..,`o ctiY cL.tieQ ST -��4t1 s /c I A to EKm _ IN Project No: - L av`"8f6" ^�,� JEC , Date: ��. �5�;� = .2oa y -By: C U 4 o . 7,5" ! ©o 12,5 J 1V e G rr� S �l3 3 t1 6 k wz. _1. rew ry i - 1 BRAUN Project No.: BL -04 -05896 Project: Property, 5550 Winnetka Av N., New Hope 1NTERTEC Description: Date: !--� �' Recorded By: 4Z4P -. � __ �PID # 6 Field Data TRUCK HAUL LOAD TRACKING / SCREENING Haul Start: '` CZ it End: ti3 (t Page of Time and PID Bag H.S. Reading: ���� ° emo�� ■iii ° �i ����i ■ ■iiii MEMO MEME r BRAUN Description: or-e nee �c3R:ic.�S See v'�1,��7 0`,racese ffvr.dt N TE � I Al—I !�� Project No: — Oh�`-GSV�S'F� {ke - te tr' Date: BY: � /� v /� _ ,E /,5�v 17c C V4 _fov �r: �"` • _ .. ,7 �. Nip - �� �� O wl ir �' ��e av'� ` Sk1=G1 f" ` t�Or � Ol ' 7 . _ . _ wit 5 -W._5' f G��+� p�•:rt....c- �� ... .�.. �. J'' N i 2� Project No. BL -04 -05896 Project: Property, 5550 W nnetka Av N., New Hope Description: Date: ` C/ = y Recorded By: .-R4P— PID k5- Field Data TRUCK HAUL LOAD TRACKING / SCREENING Haul Start: - 70Cr End: 9SS` Page of Time and PID Bag H.S. Reading: ���Mmmmm MEN WEEMEMMEN Ze MEMEMEME MEMEMEMEM ���i° ° ■ ■iii ■i MEM MEMEMEMEM BRAUN � - Description: P_x C_ ©r'y+�p!' ��S�c- �A. ✓���C t�'�J ©�`+�.ucF��vC dt Project No: _- N T R" T E Date: .- 5;�_ Z a `� -B /� ri /� E7�s o EI70 _4e 64 — a ; I I X W. _.._ t t1 r _ t X33 -- _ 1 z; _ 4 2b�. io t T -_ l + I � _ 'j , ri � o c f Project No.: BL -04 -05896 Project: Property, 5550 Winnetka Av N. New Hope 1NTERTEC Description: Date: /� 1G Recorded By: -' �`� PID # 6 Field Data TRUCK HAUL LOAD TRACICL iG I SCREENING Haul Start: End: Page --1— of Time and PID Bag H.S. Readins: NOME =DIM= OMENS W --J, OR HIM MEN M IMI ��Em MEM MMEMMEMEM ��MMMMI EMOMMEMEN �MEMMIIM WEEMOMMEN HIM OWN MA WAIMM An m W, MEMEMEME HIM MEMEMEMEM ME MEMEMEMEN MEMEMEN MEMEMEN MENOMONEE MEM ENIMME N MENIMMEN ME NEM 0� " � MCI N.M. , wl' - " � I M, f�9�1��1 {�!#}�������� f B: jo AJ - - --------_----------- Me SOILL,'9 :ale(3 anA ZOSO 000\ saowasivalia €swjo3 \oo-Vo\sdnoiE)iC. j 1O'ZOSO # tujo3 c * y C J LL i 1 0 CD CL LL D , r m \! as w L `a I C5 m \( uj � ' 1 e j/ m .t{ ♦ z Q C I t F= Ix cc 2 a C ,µ; ~ &PUPIU00 10 lGgwnN >c 0 0 v o m e O 0U) --.1 U CC cc t> U C 7 Lu— cc �h�L r Y1 m fit (D J 0) E ¢ . to `� U rro U. p ¢ v r uj t5 „a w zif a.a 75 1 15 yq uj ♦ K52 t to ;,;�h k F! F U- A . * 0 3 � r�� v � n gc�n tU Z CL h i n m W i CL o C: a y�y CL .n N '�i Z > N N} ® ¢z fi C z m 0 4) za) rr Fr ae a _._n. � I EEE 3 6014L/9 : aAR jo , ZOSO # uuoj cc 0 U- E E 0 Oro ' J 4 LU W CL 4L ..0 Cl w y w Z Co c OY 0 I uj c 1 15 O Ul cr T Cc cc 0 U- E E 0 Oro INIA POAH PiGH ' J 4 LU 4L ..0 Cl w y w Z OY 0 I uj c 1 15 O Ul cr T Cc 0 Jkt uj FA t. oi FL CL M LL 1 2 p !0 CL 1 4 kj > tij C: 117, f— 77 9 7-j 77 U Q INIA POAH PiGH LU Lr w y w Z OY c 1 15 O cr T FA t. FL CL p !0 E3 C 7-j 77 -C 4z OY c 1 15 'D 7t T -C 4z BRAUN D K de,.� y C G�-� .✓iL� d v.rl .... -. �^^r ^] '7 ,�» �y i ,� �4./i'it. brl TIV +ritt A m° /T+>~r�le- NTERTEC Projeci No: 0 — or Date. sale t ..X/�7 a4?4cp ,yy Y f AD f tt � !.�(��r�... ✓ }y V ` l d_s : 1 .t k `t t : _.,.. ; • y 13°01 + S?,r .N 1! __ _7a . L .�rxt-� - - 3!z }l3 _..._ t - — 9 .. p c Sw V> „ '�k^" 41uf .._ �.. ...1..Cc"V ;. s .�.,�.�_._...� eR k d t }�- �u �Yay'C "�: ��w -+•T T �'•+. f + '� i �a'�y �' �Ya � '� f '''J J) ,� J) r• J � +d u y s . Y3 `7 , - n A s)-/� ........ _. L,.. ....sue V.St ' ;' f fe!.. .. ' ,�,1*✓ ..._.._ /'� £J-....:L... y _ «« )/3 I bi 1sJ SO w r— 37r .. . ! � ..� W .. Q>.-' �� � � _ .. .... _.. �l � � v/' � dtF�a'L.. ^{,' T8./ �.e ��.I ✓ lA+'rd kf t � . �. t� r,.C.y..i �.J .. .. L .y"._r+f' ... . � � i 8r$ � . � _.. 0 � �✓ s�.�/�+G / �°. t �t10/•'{ L... �, ,,,iyL� y� �' M �. _. -µ�'I _ 4 zr a Y S# f n Mr. Jeremy Coughlin Braun Intertec - Bloomington 1 1001 Hampshire Ave. South Bloomington, MN 55438 RE: Former Bosa Donuts Site, New Hope BL -04 -05896 Dear Mr. Jeremy Coughlin September 10, 2004 Work Order #: 0401294 Braun Intertec Corporation received samples for the project identified above on 09/03/04 16:45. Analytical results are summarized in the following report. All routine quality assurance procedures were followed, unless otherwise noted. Analytical results are reported on an "as received" basis unless otherwise noted. Where possible, the samples will be retained by the laboratory for 14 days following issuance of the initial final report. The samples will be disposed of or returned at that time. Arrangements can be made for extended storage by contacting me at this time. We appreciate your decision to use Braun Intertec Corporation for this project. We are committed to being your vendor of choice to meet your analytical chemistry needs. If you have any questions please contact me at the above phone number. Sincerely, �,= - :- �_"��,✓'. .,,.ter � - -�.� Richard A. Maw For Thomas P. Wagner Project Manager Providing engineering and environmental solutions since 1957 Certification /Accreditation Numbers Minnesota Depaimientof.tieuiii:: Wi 999462640 NVLAP: 1031334 - o AiHA: 101103 Braun Intertec Corporation I Phone: 952.995.2000 11001 Hampshire Avenue S Fax: 952.995.2020 Minneapolis, MN 55438 Web: brounintertec.com Page 1 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax How to Use this Report In order to get the most out of the information presented in this report please refer to the following explanations as to how the data in this report is tied together and how some of the terns are defined. Qualifiers and Abbreviations are defined in the following section. You will find these codes used throughout the report in headers and in note sections to designate a unique fact about the data to which they are associated. - The Case Narrative gives a "story" about the analysis and results. Here you will find greater elaboration on relevant qualifiers as well as an explanation of anything of particular note in the data. This is a discussion of the data in terms of quality control and chemistry. It is a summary of any deviations that could affect the usefulness' of the data. This is not an interpretation as to how this information relates to regulatory compliance. toxicity, or hazardous characterization These items are beyond the scope of this report The Sample Summary provides detail on sample receipt. The association between Client sample ID and the Laboratory sample ID are defined here: this information is valuable to have when discussing results with your project manager. Sample collection and receipt dates and times are provided here as well. General notes regarding the work order are also documented here. This is a mini "case narrative" that describes any anomalies regarding the condition of the samples upon arrival to the laboratory or special circumstances regarding the work order. The Conditions Upon Receipt summarizes the results of specific checks that have been performed at sample receipt. This includes items like custody documentation, sample condition. and temperature at receipt. Each "cooler" is identified and the conditions associated with that cooler are documented. A "cooler" is defined as the larger container used to transport the individual samples. In most cases this is a standard recreational cooler but it can be a box, plastic bag, or other container. The laboratory results are summarized in the following sections. Data is broken down into major categories for convenience. An example of such a category would be "Total Petroleum Hydrocarbons." Here you would find data that references the testing of such parameters as diesel range organics and gasoline range organics. Other categories are similarly mapped. The batch number is associated with each sample. This is important to evaluate Quality Control (QC) data. Surrogate results samples are provided with each sample. Laboratory control limits are provided for comparison (see below). The reference method is also identified. If a method is denoted with an "M" (e.g. EPA 1234(M)) this means that it has been modified. An explanation of the modification will be found in the Case Narrative. A result is given with appropriate units. If a soil sample is dry- weight corrected then the word "dry' will appear next to the units. If the word "dry" does not appear then the result is "as received." The Method Reporting Limit (MRL) is provided. It is important to understand this term. The MRL is a level that has been empirically verified tc provide reliable quantification of results. Results that are equal to or greater than this value will show up as bolded. They are considered "hits." 11 a result is less than the MRL, the result is given as less than the MRL (e.g. if the MRL = 10 then a less than would be given as "< 10 "). The Quality Control (QC) samples are documented in the following section. Here you will find the preparation batches associated with each sample from the results section. The sample preparation method is also defined here. Accuracy is represented in terms of a percent recovery as compared to a known value. Precision is represented as a relative percent difference between two duplicate sample aliquots. The laboratory control limits are provided as a means to evaluate the quality control data. If the result falls outside the laboratory control limits this simply mean ,, , that it is outside what is typical for the laboratory and is noted accordingly. This does not mean that the data is invalid. Laboratory control limits are generally tighter than most program limits. This Is a very important distinction. How the data is ultimately used determines its validity. Program requirements are defined in the Quality Assurance Project Plan (QAPP) governing the project. If your project manager is aware of your specific program requirements then a note will be made in the case narrative if the data fails to meet any of these requirements. The last section contains copies of important documents and /or instrument printouts relevant to the report. This includes the chain of custody. It also may include items like chromatograms or spectra. Please note that this report is paginated and must be reproduced in its entirety. EPA Lab ID: MN00063 7hr resullS in rhr.k repot! (1P111 only to the.cuurple.c unalv:ed hr accordance tiwh the chctm of ruetor /r docrunent. l hr.� unalvucul report nnr.st he reproduced In its entirety. Page 2 of 21 Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001. Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 14:58 How to Use this Report In order to get the most out of the information presented in this report please refer to the following explanations as to how the data in this report is tied together and how some of the terns are defined. Qualifiers and Abbreviations are defined in the following section. You will find these codes used throughout the report in headers and in note sections to designate a unique fact about the data to which they are associated. - The Case Narrative gives a "story" about the analysis and results. Here you will find greater elaboration on relevant qualifiers as well as an explanation of anything of particular note in the data. This is a discussion of the data in terms of quality control and chemistry. It is a summary of any deviations that could affect the usefulness' of the data. This is not an interpretation as to how this information relates to regulatory compliance. toxicity, or hazardous characterization These items are beyond the scope of this report The Sample Summary provides detail on sample receipt. The association between Client sample ID and the Laboratory sample ID are defined here: this information is valuable to have when discussing results with your project manager. Sample collection and receipt dates and times are provided here as well. General notes regarding the work order are also documented here. This is a mini "case narrative" that describes any anomalies regarding the condition of the samples upon arrival to the laboratory or special circumstances regarding the work order. The Conditions Upon Receipt summarizes the results of specific checks that have been performed at sample receipt. This includes items like custody documentation, sample condition. and temperature at receipt. Each "cooler" is identified and the conditions associated with that cooler are documented. A "cooler" is defined as the larger container used to transport the individual samples. In most cases this is a standard recreational cooler but it can be a box, plastic bag, or other container. The laboratory results are summarized in the following sections. Data is broken down into major categories for convenience. An example of such a category would be "Total Petroleum Hydrocarbons." Here you would find data that references the testing of such parameters as diesel range organics and gasoline range organics. Other categories are similarly mapped. The batch number is associated with each sample. This is important to evaluate Quality Control (QC) data. Surrogate results samples are provided with each sample. Laboratory control limits are provided for comparison (see below). The reference method is also identified. If a method is denoted with an "M" (e.g. EPA 1234(M)) this means that it has been modified. An explanation of the modification will be found in the Case Narrative. A result is given with appropriate units. If a soil sample is dry- weight corrected then the word "dry' will appear next to the units. If the word "dry" does not appear then the result is "as received." The Method Reporting Limit (MRL) is provided. It is important to understand this term. The MRL is a level that has been empirically verified tc provide reliable quantification of results. Results that are equal to or greater than this value will show up as bolded. They are considered "hits." 11 a result is less than the MRL, the result is given as less than the MRL (e.g. if the MRL = 10 then a less than would be given as "< 10 "). The Quality Control (QC) samples are documented in the following section. Here you will find the preparation batches associated with each sample from the results section. The sample preparation method is also defined here. Accuracy is represented in terms of a percent recovery as compared to a known value. Precision is represented as a relative percent difference between two duplicate sample aliquots. The laboratory control limits are provided as a means to evaluate the quality control data. If the result falls outside the laboratory control limits this simply mean ,, , that it is outside what is typical for the laboratory and is noted accordingly. This does not mean that the data is invalid. Laboratory control limits are generally tighter than most program limits. This Is a very important distinction. How the data is ultimately used determines its validity. Program requirements are defined in the Quality Assurance Project Plan (QAPP) governing the project. If your project manager is aware of your specific program requirements then a note will be made in the case narrative if the data fails to meet any of these requirements. The last section contains copies of important documents and /or instrument printouts relevant to the report. This includes the chain of custody. It also may include items like chromatograms or spectra. Please note that this report is paginated and must be reproduced in its entirety. EPA Lab ID: MN00063 7hr resullS in rhr.k repot! (1P111 only to the.cuurple.c unalv:ed hr accordance tiwh the chctm of ruetor /r docrunent. l hr.� unalvucul report nnr.st he reproduced In its entirety. Page 2 of 21 i< 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995-2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09 /10 /04 14:58 Qualifiers and Abbreviations ho The sample chromatogram indicates the presence of higher boiling hydrocarbons than expected in the diesel range chromatogram. CDC Chain of Custody dry Sample results reported on a dry weight basis MRL Method Reporting Limit NA Not Applicable ND Analyte NOT DETECTED NR Not Reported %Rec Percent Recovery RPD Relative Percent Difference VOC Volatile Organic Compound EPA Lab ID: MN00063 I he rr uh, in ihi., report u171ar only n, the sungrles unah- .ea'in accordance frith the rArm r,) c docunwnt, 1lru unulrlicul report must he reprodrreod in ns rnnrr v. Page 3 of 21 li 11001 Hampshire Ave. S. Bloomington, MN 5.5438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 14:58 Case Narrative EPA Lab ID: MN00063 /7,, recrdr., in 1 111 , report up/�h: rA7 to M soniples unulP�ud In uccordunc�r with the rlrcrnr a / crr. +rode dnrronent. /hn. anulwicul rcpurr must b" rcproducrd rn it, enrnrq'. Page 4 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec-Bloomington Client Ref: Fomler Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw PorTho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 .Account ID: BL2004 09/10/04 14:58 SAMPLE SUMMARY EPA Lab ID: MN00063 Ill, rraulr.c irr this report "1)1;lr un(r 10 1/74! smuples unulv_ed in accordance irnh the chum o/, r�,h' document. liars anulvIIcal report nnts ! he reproduced in it, enriren. Pale 5 of 21 Sample ID Laboratory ID Matrix Date Sampled Date Received McOH Trip Blank 0401294 -01 Soil 09/02/04 00:00 09/03/04 16:45 B -8 20' 0401294 -02 Soil 09/01/04 09:54 09/03/04 16:45 SW -N3 10' 0401294 -03 Soil 09/01/0411:49 09/03/0416:45 B -9 19' 0401294 -04 Soil 09/02/04 09:34 09/03/0416:45 B -10 19' 0401294 -05 Soil 09/02/04 10:11 09/03/04 16:45 B -11 20' 0401294 -06 Soil 09/02/04 11:34 09/03/04 16:45 B -12 20' 0401294 -07 Soil 09/02/04 14:38 09/03/04 16:45 SW -N412' 0401294 -08 Soil 09/02/0415:27 09/03/0416:45 B -1318' 0401294 -09 Soil 09/02/0415:38 09/03/0416:45 B -1421' 0401294 -10 Soil 09/03/0414:03 09/03/0416:45 EPA Lab ID: MN00063 Ill, rraulr.c irr this report "1)1;lr un(r 10 1/74! smuples unulv_ed in accordance irnh the chum o/, r�,h' document. liars anulvIIcal report nnts ! he reproduced in it, enriren. Pale 5 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 14:58 Cooler: Cooler fl 1 Temperature: 5.2 ° C COC Included: Yes Custody Seals Used: No Custody Seals Intact: No Conditions Upon Receipt Received on Ice: Yes Hand Delivered by Sampler: Yes Sufficient Sample Provided: Yes Headspace Present (voq: No Preservation Confirmed: Yes Temperature Blank: Yes COC Complete: Yes COC & Labels Agree: Yes EPA Lab ID: MN00063 1'hc ry ulls in Ilia wpor7 upl l,r on h fo the .,cmuplo anulv_ed nu uc con d Inc c v ah the ch,IIn u( ru,tralr (h)c 1 h1., uneIII Ilcul rcpw9 must he reproduced nt Its enfu•et, Page 6 of 21 *' x 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 14:58 McOH Trip Blank 0401294 -01 (Soil) 9/2/04 12:00 am Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.025 0.025 mg/kg I B410102 9/7/04 9/8/04 WI GRO (95) Ethylbenzene < 0.025 0.025 mg /kg 1 B410102 9/7/04 9/8/04 Wl GRO (95) m,p- Xylene < 0.025 0.025 mg /kg 1 B410102 9/7/04 9, Wl GRO (95) o- Xylene < 0.025 0.025 mg/kg l B410102 9/7/04 9/8/04 WI GRO (95) Toluene < 0.025 0.025 mg /kg 1 B410102 9/7/04 918/04 WI GRO (95) Surrogate: 4 -FC B 100% Limits: 80 -200% B410102 9; 7, 04 98/04 WI GRO (95) EPA Lab ID: MN00063 1','ie rc'p//C rn 1111 report upp/.I (MIT to the .ruozplI'S mwh'_ed 117 uccurrf.nrce 1I Id7 the h„m n/, lmodr Jnrnmrnr. l hl' anctiPlirul rc°pori mn.'t he reprud,trecl in for entirel Page 7 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 99.5 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 1 1001" Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Acc ID: BL2004 09/10/04 14:58 B -8 20' 0401294 -02 (Soil) 9/1/04 9:54 am Classical Chemistry Parameters Analvte Result MRL - Units Dilution ' 'Batch Prepared Analyzed Method Notes % Solids 87 % Weight I B4I0064 9/7/04 9/7/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte'= Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene 4.7 0.029 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) Ethylbenzene 0.038 (029 mg/kg dry 1 8410102 9/7/04 9/8/04 WI GRO (95) m,p- Xylene 0.13 0.029 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) o- Xylene 0.036 0.029 mg/kg dry I B4I0102 9/7/04 9/8/04 WI GRO (95) Toluene 0.054 0,029 mg/kg dry I B410102 9/7/04 9/8/04 Wl GRO (95) Surrogate: 4 -FC8 103% Limits: 80 -200% B410102 917104 444104 WI GRO (95) Diesel Range Organics (DRO) < 9.9 9.9 mg/kg dry 1 B410128 9/9/04 9/9/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) EPA Lab ID: MN00063 I he rnnh.ti I thi., report aplilr only to the samples anciiii cTJ in accm - dunce es ith the ,h, I I I I u/ ruNurlr durnmeW. i w.s (walpticul report oust he reprod is efI it us entirety. Page 8 of 21 IN 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401394 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: B MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 14:58 SW -N3 10' 0401294 -03 (Soil) 9/1104 11:49 am Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight I B410064 9/7/04 9/7/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene 0.057 0.029 mg/kg dry I B410102 9/7/04 9/8/04 Wl GRO (95) Ethylbenzene 0.077 0.029 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) m,p- Xylene 0.093 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) o- Xylene 0.040 0029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) Toluene 0.069 0.029 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) Surrogate: 4 -FCB 109 % Limits: 80 -200% B410102 9 7/04 949/04 WI GRO (95) Diesel Range Organics (DRO) < 9.8 9.8 mg/kg dry 1 B410128 9/9/04 9/9/04 WI DRO (95) Gasoline Range Organics (GRO) -: 12 12 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) EPA Lab ID: MN00063 in tfus report upp(c ultly to the sungp;es unuh_ed in uccnndunce wtrh the h�nn u/ 9lnlvnt. 17na onu/ylicul report mast ne reprodmed in it" Morel). Page 9 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref Former Bosa Donuts Site, New Hope Work Order #: 0401294 1 1001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 14:58 B -9 19' 0401294 -04 (Soil) 9/2/04 9:34 am Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 86 % Weight I B410064 9/7/04 9/7/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result 'vlRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 Wl GRO (95) Ethylbenzene < 0.029 0.029 mg/kg dry 1 B410102 9/7/04 918/04 WI GRO (95) m,p- Xylene < 0.029 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) o- Xylene < 0.029 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) Toluene < 0.029 0.029 mg /kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) Surrogate: 4 -FCB 103% Limits: 80 -200% 8410102 97,04 914104 WI GRO (95) Diesel Range Organics (DRO) < 10 10 mg/kg dry 1 B410128 9/9/04 9/9/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) EPA Lab ID: MN00063 I i7 resull" m /h/, report al,I Ir 01 n, the S nnples nnulr_eeI in ucc ell igh the � harn of rlfffodr [I"( InII"Ill. //I Je enadciiIII/ ral7or1 M S1 he r Ji )'IhfikCe/ 117 A, enire!r. Page 10 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order 4: 0401294 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: Bt. -04 -05896 Account ID: BL2004 09/10/04 14:58 B -10 19' 0401294 -05 (Soil) 9/2/04 10:11 am Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight I B410064 9/7/04 9/7/04 ASTM D2216 Total Petroleum Hydrocarbons Analte Result MRL U 4 nil t' B —1, P d A i d M h d m s u i a c repare na vze et o N y EPA Lab ID: MN00063 I b" rc.rrt, in this rrport ln1Y io die somples anah _ed in occordalic, iridt the r+:'mn of rlwodr dnevonvnt. l ht., anulti /ica/ rcport nutct he rvprod;aeed m it,, eAtu•etl'. Page 1 I of 21 on ores Benzene < 0.029 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) Ethylbenzene 0.033 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) m,p- Xylene 0.11 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) o- Xylene 0.031 0.029 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) Toluene 0.038 0.029 mg/kg dry I 8410102 9/7/04 9/8/04 WI GRO (95) Surrogate: 4 -FCB 108" , Limits: 80 -200% B4ioin2 9171 9,3104 WI GRO (95) Diesel Range Organics (DRO) , 9.5 9.5 mg/kg dry l B410128 9/9/04 9/9/04 WI DRO (95) Gasoline Range Organics (GRO) '- 1 I 11 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) EPA Lab ID: MN00063 I b" rc.rrt, in this rrport ln1Y io die somples anah _ed in occordalic, iridt the r+:'mn of rlwodr dnevonvnt. l ht., anulti /ica/ rcport nutct he rvprod;aeed m it,, eAtu•etl'. Page 1 I of 21 " Y li 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun tntertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South CI Tent Contact: Mr..leremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bl oomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 14:58 B -11 20' 0401294 -06 (Soil) 9/2/04 11:34 am Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 85 % Weight 1 B410064 9/7/04 9/7/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry I B410102 9/7/04 9/8/04 W1 GRO (95) Ethylbenzene 0.031 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) m,p- Xylene 0.080 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) o- Xylene ."0.029 0.029 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) Toluene 0.034 0029 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) Surrogate: 4 -FCB 103% Limits: 80- 200% B410102 9,7104 9'e 104 W1 GRO (95) Diesel Range Organics (DRO) < 10 10 mg/kg dry I B410128 9/9/04 9/9/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) EPA Lab ID: MN00063 /7ir re'u"Ic rn IFu.c report apl <tr only to the smnples mnrlr_ed In uccordww" irnh the , haw u/ cuvodr d winnew. ; hi., onuh9[cul report erir.St he rr/zrvduced m uc 01111eh'. Page 12 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952 - 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 14:58 B -12 20' 0401294 -07 (Soil) 9/2/04 2:38 pm Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 86 % Weight 1 B410064 9/7/04 9/7/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method _ Notes Benzene <: 0.029 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 W1 GRO (95) Ethylbenzene < 0.029 0.029 mg/kg dry i B410102 9/7/04 9,`8/04 WI GRO (95) m,p- Xylene < 0.029 0.029 mg /kg dry I B410102 9/7/04 9/8/04 W1 GRO (95) o- Xylene < 0.029 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) Toluene < 0.029 0.029 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) Surrogate: 4 -FCB 93.1 % Limits: 80 -200% B410102 9;7,04 9,44104 W1 GRO (95) Diesel Range Organics (DRO) - 9.7 9.7 mg/kg dry 1 B410128 9/9/04 9/9/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) EPA Lab ID: MN00063 i r results in Ihu rep"rf upi e'r unh to dw sumpte s unuiicrd in uc, w-dame uvrrh thr �:to-un u/ rnclnd� rbcrrm.vv. 11ti.v unolvlicul report nnrsl Gc reprr�dure<l ua u.� ennrc't�'• Page 13 of 21 • x 1r 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order 4: 0401294 11001 Hampshire Ave. South C l lent Contact: Mr. Jeremv Coug Project Mgr: Richard A. Maw For Tho Date Reported: Bloomingt MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 14:58 SW -N4 12' 0401294 -08 (Soil) 9/2/04 3:27 pm Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight 1 8410064 9/7/04 9/7/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg /kg dry l B410102 9/7/04 9/8/04 W1 GRO (95) Ethylbenzene 0.035 0.029 mg/kg dry 1 B410102 9/7/04 9/8104 WI GRO (95) m,p- Xylene 0.11 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) o- Xylene 0.037 0.029 mg/kg dry 1 B4I0102 9/7/04 9/8/04 W1 GRO (95) Toluene 0.051 0.029 mg /kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) Surrogate: 4 -FCB 105 % Limits: 80 -200% B410102 9171'04 944104 W1 GRO (95) Diesel Range Organics (DRO) < 9.8 9.8 mg/kg dry I B410128 9/9/04 9/9/04 WI DRO (95) ho Gasoline Range Organics (GRO) < I I I 1 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) EPA Lab ID: MN00063 11r n-ti it, 'L� in IN,, rrliori api.='c on!i to lhr ,ample.+ onuh'_cd in arcord<mce with thr (hmn n/ r uvodr dncunnoll. !hik unalrncul rcFhurt must Poe reproduced in 1l' <irl,rO Page 14 of21 • 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 1100 L Hampshire Ave. South CI lent Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account 1D: BL2004 09/10/04 14:58 B -13 18' 0401294 -09 (Soil) 9/2/04 3:38 pm Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight I B410064 9/7/04 9/7/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) Ethylbenzene 0.043 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) m,p- Xylene 0.15 0.029 mg/kg dry I 8410102 9/7/04 9/8/04 WI GRO (95) o- Xylene 0.044 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) Toluene 0.062 0.029 mg/kg dry 1 B410102 9/7/04 918/04 W 1 GRO (95) Surrogate: 4 -FCB 100 ° r'fi Limits: 80 -200% 8410102 9 944103 WI GRO (95) Diesel Range Organics (DRO) <9.6 9.6 mg/kg dry I B410128 9/9/04 9/9/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I B410102 9/7/04 9/8/04 Wl GRO (95) EPA Lab ID: MN00063 /1)C re.')r/r, ill lhi, re/u,ri up/;h 01111 /u )he AMP! eS ,mall -eel ill uccnrc(unce WWI 117C ,/),fill u/ cn'lodr ,h,cun)rni. l hi., rrna /Y)u a/ report n)nNt 1% repro, /need ill n., enlire(1'• Page 15 of 21 x 1E 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 1 1001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Date Reported: Bloomingt MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 14:58 B -14 21' 0401294 -10 (Soil) 9/3/04 2:03 pm Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 85 % Weight 1 B410064 9/7/04 9/7/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene 0.029 0.029 mg/kg dry I B410102 9/7/04 9/8/04 WI GRO (95) Ethylbenzene 0.029 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) m,p- Xylene < 0.029 0.029 mg/kg dry I 8410102 9/7/04 9/8/04 Wl GRO (95) o- Xylene < 0.029 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 WI GRO (95) Toluene ,- -0.029 0.029 mg/kg dry 1 B410102 9/7/04 9/8/04 Wl GRO (95) Surrogate: 4 -FCB 962 % Limits: 80 -200% 8410102 9/7 9,'&'04 WI GRO (95) Diesel Range Organics (DRO) .E 9.9 9.9 mg/kg dry I B410128 9/9/04 9/9/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry i B410102 9/7/04 9/8/04 Wl GRO (95) EPA Lab ID: MN00063 hr re�tdi. rn Flu.+ �r /u,ri <g >�,h �xrlr t� Ihc• sump /ec ��i�uh _r�l in �rtr�,rd<mce isnh 1hr am ��! e +nt��ti rtuemen�. !'his un�r(v�i��al re�tn�rt uiu�� !�r re /r �uhiced iii iL� rnnr�'l)'. Page 16 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995-2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Cho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 14:58 Batch B4I0064 - % Solids Classical Chemistry Parameters - Quality Control Method Blank (B4I0064 -BLK1) Prepared & Analyzed: 09/07/04 Spike Source %REC RPD Analyte Result MRL Units Level Result °;REC Limits RPD Limit Notes %Solids 0.000400 %Weight NA NA NA NA NA NA Standard Reference Material (B410064 - SRM1) Prepared & Analyzed: 09/07/04 Spike Source %REC RPD Analyte Result MRL Units Level Result %REC Limits RPD Limit Notes %Solids 87.2 % Weight 88.8 NA 98.2 90 -110 NA NA EPA Lab ID: MN00063 The rcc�n/ s rn Nrt.� rrpurt alal:h nn /u n, the suntplrs unuh_r�l in «cur�lautcr uvrh the rLdur 11 dorumrnt. 1 hr I amalvlrcol report imw hr reproduced in u.c eritrreh'. Page 17 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: B MN, 5 5438 PO Number: BL -04 -05896 Account ID: BL2004 09/10/04 I4:58 Total Petroleum Hydrocarbons - Quality Control Batch B4I0102 - WI GRO (95) Method Blank (B410102-BLK1) Result t Benzene 1.58 C Ethylbenzene 1.65 Prepared: 09/07;04 Analyzed: 09/08/04 3.27 o- Xylene 1.64 Toluene Spike Soul %REC RPD Analyte Result MRL Units Level Result %REC Limits RPD Limit Notes Benzene 0.025 0.025 mg /kg NA NA NA NA NA NA Ethylbenzene 0.025 0.025 mg/kg NA NA NA NA NA NA m,p- Xylene 0.025 0.025 mg/kg NA NA NA NA NA NA o- Xylene 0.025 0.025 mg/kg NA NA NA NA NA NA Toluene 0.025 0.025 mg /kg NA NA NA NA NA NA Surrogule: 4 -FCB 17.2 ng mL 16.0 NA NN.8 80 -200 Gasoline Range Organics (GRO) 10 10 mg;kg NA NA NA NA NA NA Laboratory Control Sample (B410102 -BSI) Resullt °.oREC Limits RPD Limit Notes Prepared: 09/07/04 Analyzed: 09/08/04 Analyte Result t Benzene 1.58 C Ethylbenzene 1.65 m,p- Xylene 3.27 o- Xylene 1.64 Toluene 1.63 f Surrogule: 4 -FCB ' I Gasoline Range Organics (GRO) 15.7 Laboratory Control Sample Duplicate (B410102 -BSDI) Analyte Result I Benzene 150 Ethylbenzene 1.57 m,p- Xylene 3.13 o- Xylene 1.56 Toluene 155 t Surrogule: 4-l-(B 15.6 Gasoline Range Organics (GRO) 14.8 Batch B410128 - WI DRO (95) Units Level Result %REC Limits RPD Limit Notes mg /kg 1.60 NA 98.8 80 -120 NA NA mg/kg 1.60 NA 103 80 -120 NA NA ntg/kg 320 NA 102 80 -120 NA NA mg /kg 1.60 NA 102 80 -120 NA NA mg /kg 1.60 NA 102 80 -120 NA NA ng mL 16.11 4', 1117 80 -200 mg /kg 16.0 NA 98.1 80 -120 NA NA Prepared: 09 /07/04 Analyzed: 09 /09/04 Spike Source %REC RPD Units Level Resullt °.oREC Limits RPD Limit Notes mgikg 1.60 NA 93.8 80 -120 5.19 20 mg /kg 1.60 NA 98.1 80 -120 4.97 20 mg /kg 320 NA 97.5 80 -120 4.69 20 mg /kg 1.60 NA 97.5 80 -120 5.00 20 mg/kg 1.60 NA 96.9 80 -120 5.03 20 ng mL 16.0 N'A 9 -.5 80 -200 mg /kg 16.0 NA 92.5 80 -120 5.90 20 .Method Blank (B4I0128 -BLKI) Prepared & Analyzed: 09/09/04 Spike Source °oREC RPD Analyte Result MRL Units Level Result °-oREC Limits RPD Limit Notes Diesel Range Organics (DRO) 10 10 mgAg NA NA NA NA NA NA EPA Lab ID: MN00063 117r =it thi.e report unh to the .atmplus unuh'_ed in uccnrdunce trilh ilte rh<7ttt o/ ctiti A rlociallew. rlri., urtidPtrcitt t'eport mu.cl he reprndaced in IA rrurren'. Page 18 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account 1D: BL2004 09/10/04 14:58 Total Petroleum Hydrocarbons - Quality Control Batch B4I0128 - WI DRO (95) Laboratory Control Sample (B410128 -BSI) Prepared & Analyzed: 09/09/04 Spike Source %REC RPD Analyte ReSlllt MRL Units Level Result %REC Limits RPD Limit Notes Diesel Range Organics (DRO) 27.1 10 mg /kg 32.0 NA 84.7 70 -120 NA NA Laboratory Control Sample Duplicate (B4I0128 - BSDI) Prepared: 09/09/04 Analyzed: 09/10/04 Spike Source %REC RPD Analyte Result MRL Units Level Result %REC Limits RPD Limit Notes Diesel Range Organics (DRO) 28.7 10 ntg /kg 32.0 NA 89.7 70 -120 5.73 20 EPA Lab ID: MN00063 I II" re'ltll' u1 lh1e report app ?r on/v ro dic .'amp mull ' v_ed h1 urrnrrlan, & (1/7 dw �;1<u I o/ r1c+1,n11��iuctn Icm. /,)I" u nuivtresd rgwrl macs he e n1 I I eWIA'1P. Page 19 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952-995-2000 Phone 952-995-2020 Fax Braun Intertec-Bloomington Client Ref Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: BL-04-05896 Account ID: BL2004 09/10/04 14:58 BRAUN P , _t — REOUE�%T FOR LAFIORATORY INTERTEC ANALYTICAL Sf AVIICES ' W 5 C 7 -77 4 Pb N ,b -� F LAO "K C OJIWIP .e Or Uqc om 3' 7— 4 i 6T 4v iN X qq 1P . ........ 4 � I-T I T EPA Lab ID: MN00063 i/w rnull" In lh/s 1111171111 "AIM 111, H,1,0 doc ument. /;u., dW1/ licul lvporl 11JIINI he rcprutlucr<l 117 It' Page 20 of 21 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401294 11001 Hampshire Ave. South Client Contact: Mr. ,leremy Coughlin Project Mgr: Richard A. Maw For Tho Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account 1D: BL2004 09/10/04 14:58 EPA Lab ID: MN00063 rh.- in tht, report up /)h onh� to the .tivttlplr.s alwl - Cd to uccordmtc-e w'lh the I'mi u/ dociument. //)/.% uauirticu/ report must hr repruducaJ m tt, c =t,aren'. Page 21 of 21 .?w +"sw.derreR }�1.4fd5YF:dY , T :':a ld Ctiuiw,. r .zt Y`Pvi Y pv.! pW t�crx:.ar MMa i' nia^ivye #nP ?.jn2ltroaM —i d t[ 9 1KddW F 0 '.iiorresw U.. al b t T ., ,,. rce a�IR. 1 FXAtp � X G y 5 :4 x'-a-nR i i �hw Y. ^ ±' Ws( In�we.>Setl / E. Frr.y f t a 5r Y i.;,r�•- � a ..w3 rY w'[M > Fac., pw st'"A >F!+a Y. ,'.l..nw«u �. ,, <,:,... PJ ,E,t ,.:x:• 1#um6a't C"149 : S� t S.xtn•n,. , A ,.a "a::k+F.; ci F"YY.ro4 �rSat2FG4 1➢ rdy. - sroF41 ntri+F. Yf�',A , Eil• ,C ;slit bh�m;Ed @ X�4"..rkraxw '�n,�S..tHrcn YV-xzr YA R ,• .....e: :. ,:ro rT 1 1 a? to EPA Lab ID: MN00063 rh.- in tht, report up /)h onh� to the .tivttlplr.s alwl - Cd to uccordmtc-e w'lh the I'mi u/ dociument. //)/.% uauirticu/ report must hr repruducaJ m tt, c =t,aren'. Page 21 of 21 r r Mr. Jeremy Coughlin Braun Intertec- Bloomington 11001 Hampshire Ave. South Bloomington, MN 55438 RE: Former Bosa Donuts Site. New Hope BL -04 -05896 Phase SC September 13, 2004 Work Order #: 0401229 Dear Mr. Jeremy Coughlin Braun Intertec Corporation received samples for the project identified above on 08/30/04 09:15. Analytical results are summarized in the following report. All routine quality assurance procedures were followed, unless otherwise noted. Analytical results are reported on an "as received" basis unless otherwise noted. Where possible, the samples will be retained by the laboratory for 14 days following issuance of the initial final report. The samples will be disposed of or returned at that time. Arrangements can be made for extended storage by contacting me at this time. We appreciate your decision to use Braun Intertec Corporation for this project. We are committed to being your vendor of choice to meet your analytical chemistry needs. If you have any questions please contact me at the above phone number. .- Sincerely, t j Thomas P. Wagner Project Manager t � �f Proridiirg engi)ieering cnid ein•il•onnientcil sohrtions sinew 1957 Certification /Accreditation Numbers 11' i MinnesotaDeha mentof(Icallh 02 U�_ -117 Wi•.onsinDNR:999.163640 NVL.AP: 10212.1 -0 AMA: 101103 Braun Intertec Corporation I Phone: 952.995.2000 11001 Hampshire Avenue S Fax: 952.995.2020 Minneapolis, MN 55438 Web: brounintertec.com Page 1 of 23 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order 4: 0401229 11001 Hampshire Ave. South Client Contact: Mr..ieremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: B M N, 55438 PO Number: BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 How to Use this Report In order to get the most out of the information presented in this report please refer to the following explanations as to how the data in this report is tied together and how some of the terms are defined. Qualifiers and Abbreviations are defined in the following section. You will find these codes used throughout the report in headers and in note sections to designate a unique fact about the data to which they are associated. The Case Narrative gives a "story" about the _analysis and results. Here you will find greater elaboration on relevant qualifiers as well as an explanation of anything of particular note in the data. This is a discussion of the data in terms of quality control and chemistry. It is a summary o1 any deviations that could affect the usefulness of the data This is not an interpretation as to how this information relates to regulatory compliance. toxicity, or hazardous characterization. These items are beyond the scope of this report. The Sample Summary provides detail on sample receipt. The association between Client sample iD and the Laboratory sample ID are defined here: this information is valuable to have when discussing results mith your project manager. Sample collection and receipt dates and times are provided here as well. General notes regarding the work order are also documented here. This is a mini "case narrative" that describes any anomalies regarding the condition of the samples upon arrival to the laboratory or special circumstances regarding the work order. The Conditions Upon Receipt summarizes the results of speci checks that have been performed at sample receipt. This includes items like custody documentation, sample condition. and temperature at receipt. Each "cooler" is identified and the conditions associated with that cooler are documented. A `cooler" is defined as the larger container used to transport the individual samples. In most cases this is a standard recreational cooler but it can be a box, plastic bag, or other container. The laboratory results are summarized in the following sections. Data is broken down into major categories for convenience. An example of such a category would be "Total Petroleum Hydrocarbons.' Here %ou would find data that references the testing of such parameters as diesel range organics and gasoline range organics. Other categories are similarly mapped. The batch number is associated with each sample. This is important to evaluate Quality Control (QC) data. Surrogate results samples are provided with each sample. Laboratory control limits are provided for comparison (see below). The reference method is also identified. If a method is denoted with an °M" (e.g. EPA 1234(M)) this means that it has been modified. An explanation of the modification will be found in the Case Narrative. A result is given with appropriate units. If a soil sample is dry- weight corrected then the word "dry" will appear next to the units. I1'the word "dry" does not appear then the result is "as received." The Method Reporting Limit (MRL) is provided. It is important to understand this term. The MRL is a level that has been empirically verified to provide reliable quantification of results. Results that are equal to or greater than this value will show up as bolded. fhey are considered "hits." It a result is less than the MRL, the result is Qiven as less than the MRL (c. g. if the MRL = 10 then a less than would be given as "< 10"), The Quality Control (QC) samples are documented in the following section. Here you will find the preparation batches associated with each sample from the results section. The sample preparation method is also defined here. Accuracy is represented in terms of a percent recovery as compared to a known value. Precision is represented as a relative percent difference between two duplicate sample aliquots. The laboratory control limits are provided as a means to evaluate the quality control data. If the result falls outside the laboratory control limits this simply means that it is outside what is typical for the laboratory and is noted accordingly. This does not mean that the data is invalid. Laboratory control limits are generally tighter than most program limits. This is a very important distinction. How the data is ultimately used determines its validity. Program requirements are defined in the Quality Assurance Project Plan (QAPP) governing the project. If your project manager is aware of your specific program requirements then a note will be made in the case narnaive if the data fails to meet any of these requirements. The last section contains copies of important documents and /or instrument printouts relevant to the report. This includes the chain of custody. 11 also may include items like chromatograms or spectra. Please note that this report is paginated and must be reproduced in its entirety. EPA Lab ID: MN00063 ; ac rr,rr0. in Ihr, report upph "mh a, anulr_ed 1/7 (1,cmdunre irrl /t the drum n/, M1,01 drrcmn� nl. l hr.t unulloud rr/uo nrrrer , in ril erulreh. Page 2 of 23 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401229 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Phase SC Account 1D: BL2004 09/13/04 15:53 Qualifiers and Abbreviations hno The sample chromatogram indicates the presence of lower and higher boiling hydrocarbons than expected in the diesel range chromatogram. hn The sample chromatogram indicates the presence of lower boiling hydrocarbons than expected in the diesel range chromatogram. hj The sample chromatogram indicates the presence of higher boiling hydrocarbons than expected in the gasoline range chromatogram. It ij The sample chromatogram indicates the presence of lower and higher boiling hydrocarbons than expected in the gasoline range chromatogram;` B Analyte is found in the associated blank as well as in sample (CLP B- flag). CDC Chain of Custody dry Sample results reported on a dry Freight basis MRL Method Reporting Limit NA Not Applicable ND Analyte NOT DETECTED NR Not Reported %Rec Percent Recovery RPD Relative Percent Difference VOC Volatile Organic Compound EPA Lab ID: MN00063 Zr r, ,tJw /)I//?/, repm" "rr(t In tr" e stlmples cuurhv.ed ill uccnrd /m c v;ih the , l:,nn "J ['n'tna(1 c/nrnnrent. l Ar.c unalvNCUI report nm.q ,rSc• repruchiced in n., ennrrrr. Page 3 of 23 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun lntertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401229 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN. 55438 PO Number: BL -04 -05896 Phase SC Account [D: BL2004 09/13/04 15:53 Case Narrative EPA Lab [D: MNO0063 1 he result s nt dus repow 1/71- 1 1 on /} to the xo,nphcs iIt uh_rd in acrnrdmicc wnh the , fit an II/ C M/o a`s)cmnew. III1.s anulydcal report 11711.st he reproduced I i ILs enlireIh. Page 4 of 23 Irt 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0.101229 11001 Hampshire Ave. South Client Contact: Mr..leremy (oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55 PO Number: BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 SAMPLE SUMMARY EPA Lab ID: MN00063 uvh th'! rlr�un u/ cu�nnh 1 G�+ nniih•nruJ rcjxu7 �nttei he reproJurr�l m n� entirrn. Page 5 oft_ Sample ID Laboratory ID Matrix Date Sampled Date Received McOH Blank 0401229 -01 Soil 08/25/04 00:00 08/30/04 09:15 SW -WI 9 -10' 0401229 -02 Soil 08/25/0409:17 08/30/0409:15 SW-NI 11 -12' 0401229 -03 Soil 08/25/0409:29 08/30/0409:15 B 1 10 -11' 0401229 -04 Soil 08/25/04 10:48 08/30/04 09:15 B2 10' 0401229 -05 Soil 08/25/04 12:27 08/30/04 09:15 SW -W2 9' 0401229 -06 Soil 08/25/04 13:12 08/30/04 09:15 B3 15' 0401229 -07 Soil 08/25/0414:58 08/30/0409:15 SW -N2 i P 0401229 -08 Soil 08/25/04 15:01 08/30/04 09:15 B4 12' 0401229 -09 Soil 08/27/04 09:49 08/30/04 09:15 B5 13' 0401229-10 Soil 08/27/0410:46 08/30/0409:15 SW -W3 9 -10' 0401229 -11 Soil 08/27/0413:59 08/30/0409:15 SW -Sl 9' 0401229 -12 Soil 08/27/0415:12 08/30/0409:15 B6 16' 04012 ?9 -13 Soil 08/27/0415:52 08/30/0409:15 EPA Lab ID: MN00063 uvh th'! rlr�un u/ cu�nnh 1 G�+ nniih•nruJ rcjxu7 �nttei he reproJurr�l m n� entirrn. Page 5 oft_ 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995-2020 Fax Braun Intertec- Bloomington Client Rcf: Former Boni Donuts Site. New Hope Work Order 9: 0401229 11001 Hampshire Ave. South Client Contact: Mr..lereniy t. oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 Conditions Upon Receipt Cooler: Cooler # 1 Temperature: 9 .9 ° C COC Included: Yes Custody Seals Used: No Custody Seals Intact: No Received on Ice: Yes Hand Delivered by Sampler: No Sufficient Sample Provided: Yes Headspaee Present (VOC): No Preservation Confirmed: Yes Temperature Blank: Yes COC Complete: Yes COC & Labels Agree: Yes EPA Lab 1D: MN00063 /;I" rc'u t+ In /hn I - eport.gtl.`, 'mil /u 1/1, .rumples emal m ucrnrzlance 1s1/h the himl,r /,1'' /( h docruurnl. (lru amd lad report mute/ he repreO ccd m it, rrttirel Page 6 of 23 so 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Fiope Work Order 4: 0401229 11001 Hampshire Ave. South Client Contact: Mr, .lcremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 McOH Blank 0401229 -01 (Soil) 8/25/04 12:00 am Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene 0.025 0.025 niQikg I B410060 8/31/04 8/31/04 Wl GRO (95) Ethylbenzene :0.025 0.025 mg/kg I B410060 8/31/04 8/31/04 WI GRO (95) m,p- Xylene 0.034 0.025 mg /kg I B410060 8/31/04 8/31/04 WI GRO (95) o- Xylene < 0.025 0,025 mg /k- 1 B410060 8/31/04 8/31/04 WI GRO (95) Toluene <0.025 0.025 mg /kg I 8410060 8/31/04 8/31/04 WI GRO (95) Surrogate: 4 -FCB 9 9. 4 " Limits: 80 -200% 8410060 8,31 04 8131/04 WI GRO (95) EPA Lab ID: MN00063 rllr, repmo upp', nnlr rn the ,umt�les �mulr_ed rm 'l,I mdanre v ah the clncan "of. 1 ht' unuktical rr />ur! mine/ he Ivpralw , ,hn a, rmnr ^It. Page 7 of 23 m is 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order 4: 0401229 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C uughlin Project Mgr. Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 SW-WI 9 -10 0401229 -02 (Soil) 8/25104 9:17 am Classical Chemistry Parameters Analvte Result y1RL Units Dilution Batch Prepared Analyzed Method Notes % Solids 88 % Weight I B410050 9/3/04 913/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene <0.028 0.028 mg/kg dry 1 B410060 8/31/04 8/31/04 WI GRO (95) Ethylbenzene < 0.028 0.028 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) m,p- Xylene 0.043 0.028 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) B o- Xylene < 0.028 0.028 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) Toluene <0.028 0.028 mg/kg dry 1 B410060 8/31/04 8/31/04 WI GRO (95) Surrogate: 4 -FCB 102 Il Limits: 80- 200% B410060 83 1 '04 831104 WI GRO (95) Diesel Range Organics (DRO) < 9.8 9.8 mg/kg dry i B4H0484 8/31/04 9/1/04 WI DRO (95) Gasoline Range Organics (GRO) < I l I I mg/kg dry 1 B410060 8/31;`04 8/31/04 WI GRO (95) EPA Lab ID: MN00063 /hc lvwuh, m rill, rrpu9 ,qpl, on i to Ihr aonildc's onolr_ed in oc..)nlall("1, nil [Jir ,!sour of, I illc onoll"wo/ rrporl must hr repro'ltu ed in 11, "When!. Page 8 or23 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952 -995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Flope Work Order 4: 0401229 11001 Hampshire Ave. South Client Contact: Mr..leremy Coughlin Project Mgr: l'homas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Phase SC Account 1D: BL2004 09/13/04 15:53 SW - N1 11 - 12' 0401229 -03 (Soil) 8/25/04 9:29 am Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight 1 8410050 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result y1RL Units Dilution Batch Prepared Analyzed Method Notes Benzene 1.3 0.14 mg/kg dry 5 B410060 8/31/04 9/1/04 WI GRO (95) Ethylbenzene 7.0 0.14 mg /kg dry i B410060 8/31/04 9/1/04 Wl GRO (95) m,p- Xylene 5.1 0.14 mg/kg dry 5 B410060 8/31/04 9/1/04 WI GRO (95) o- Xylene < 0.14 0.14 mg/kg dry 5 B410060 8131/04 9/1/04 WI GRO (95) Toluene 1.3 0.14 mg/kg dry 5 8410060 8/31/04 9/1/04 WI GRO (95) Surrogate: 4 -FCB 116 Limits: 80-200% 8419060 831 -04 9.7!04 WI GRO (95) Diesel Range Organics (DRO) 190 10 mg /ka dry I B41-10484 8/31/04 9,'1/04 Wl DRO (95) hn Gasoline Range Organics (GRO) 380 58 mg/kg dry 5 B410060 Sr31/04 9/1/04 Wl GRO (95) hij EPA Lab ID: MN00063 !/1, m 1111s repurr aly " only to the "amp /c, vrdz Me .. ;r,irn u/ rrnlu�lr <f<,criu�rnl. t /q, o17itlt71col repw./ nnw he rcprochrcrJ 111 1/1 ennrrn. Page 9 of 23 r r !X lE 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order u: 0401229 11001 Hampshire Ave. South Client Contact: Mr..leremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bl oomington MN, 55438 1 Number: BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 Br 10 -11' 0401229 -04 (Soil) 8/25/04 10:48 am Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 85 % Weight 1 B410050 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene 0.029 0.029 mg/kg dry 1 B410060 8/31/04 8/31/04 WI GRO (95) Ethylbenzene < 0.029 0.029 mg/kg dry 1 8410060 8/31/04 8/31/04 W1 GRO (95) m,p- Xylene 0.045 0.029 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) B o- Xylene <, 0.029 0.029 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) Toluene < 0.029 0.029 mg/kg dry 1 B410060 8/3 U04 8/31/04 WI GRO (95) Surrogate: 4 -FCB 108 Limits: 80 -200% B410060 831,04 8,31104 WI GRO (95) Diesel Range Organics (DRO) < I I I 1 mg/kg dry I B4H0484 8/31/04 9/1/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) EPA Lab ID: MN00063 71r r; "Idi, nt lhre up -' "1711' to the munple.c unu(rxd to a', "n Itmcc I ah I/?,' "k ul cr.Nt'xh J. , ct1nirrrr. /his anahtical rehurl nntu be rcprue I'm I'd mm entireh. Page 10 of 23 oil 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952 -995 -2020 Fax Braun Intertee - Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401229 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C oughlin Pro ect Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55 438 PO Number: BL -04 -05896 Phase SC ACCOUnt ID: BL2004 09/13/04 15:53 B2 10' 0401229 -05 (Soil) 8/25/04 12 :27 pm Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight I B410050 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result VIRL Units Dilution Batch Prepared Analyzed Method Notes Benzene -=0.029 0.029 mg/kg dry I 8410060 8/31/04 8/31/04 Wl GRO (95) Ethylbenzene < 0.029 0.029 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) m,p- Xylene 0.042 0.029 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) B o- Xylene 0.029 0.029 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) Toluene - -o.02() 0.029 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) Surrogate: 4 - FCB 104 %0 Limits: 80 - 200% B410060 831 04 8,3//04 WI GRO (95) Diesel Range Organics (DRO) < 10 10 mg/kg dry 1 B4H0484 8/31/04 9,'1/04 WI DRO (95) Gasoline Range Organics (GRO) < I I I I mgkg dry I B410060 8/31/04 8/31/04 WI GRO (95) EPA Lab ID: MN00063 hr rr , nli, I i ri>n rep a ,'� o nlr to the Vuanples unult_rd in urcor,1 uI) ' irntr rlr" a`ocum. nt. ! lus un�ihUrul rdi� mrect ' rrprnJi�rrJ nt u, ntirrtr. Page I I of 23 BR 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order 4: 0401229 11001 Hampshire Ave. South Client Contact: Mr. ,leremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 SW -W2 9' 0401229 -06 (Soil) 8/25/04 1:12 pm Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight 1 B410050 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene .-- 0 029 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) Ethylbenzene < 0.029 0.029 mg/kg dry 1 B410060 8/31104 8/31/04 WI GRO (95) m,p- Xylene 0.041 0.029 mg/kg dry I 8410060 8/31/04 8/31/04 WI GRO (95) B o- Xylene 0.029 0.029 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) Toluene <0.029 X1.029 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) Surrogate: 4 -FCB 107 °6 Limits: 80- 200% B410660 8;31 /04 831104 WI GRO (95) Diesel Range Organics (DRO) < 9.8 9.8 mg/kg dry I B4FI0484 8/31/04 9,'1/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) EPA Lab ID: MN00063 Ge rt�nJh ur tlti re ryut uf�/ ?r ,nlr m Nu .antq�he, unult_ed rig urcure &mrrrvh the I;4hun 1:! r it' n"A 6c w1 ent. /ho unulrticul re purr unu.cr he I in it, entireir. Page 12 of 23 E 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401229 11001 Hampshire Ave. South Client Contact: Mr, Jerenw C ou -Min Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Phase SC Ac ID: BL2004 09/13/04 15:53 B3 15' 0401229 -07 (Soil) 8/25/04 2:58 pm Classical Chemistry Parameters _Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 86 % Weight I B410050 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Anayte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry 1 B410060 8/31/04 8/31/04 WI GRO (95) Ethylbenzene <0.029 0.029 mg/kg dry I B410060 8/31/04 8/31/04 Wl GRO (95) m,p- Xyiene 0.040 0.029 mg /kg dry I B410060 8/31/04 8/31/04 WI GRO (95) B o- Xylene <- 0.029 0.029 m; /kg dry I B410060 8/31/04 8/31/04 WI GRO (95) Toluene 0.029 0.029 mg/kg dry 1 B410060 8/31/04 8/31/04 Wl GRO (95) Surrogate: 4 -FCB 100% Limits: 80 -200 °6 B410060 931,04 &'31104 4I'I GRO (95) Diesel Range Organics (DRO) < 9.9 9.9 mg/kg dry 1 B4H0484 8/31/04 9/1/04 Wl DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I 8410060 8/31/04 8/31/04 WI GRO (95) EPA Lab ID: MN00063 I hc rrwf. In I'iI re; Hint apl,'r only to the saniphxs anal) -xd in ac oichincc irr tll the rti,un of r�nnnh d��� ��tnrnt. /hr.� cntuh'ncul rt °port �turet be ra /�rnducr�l in itF rre =n'rn. Page 13 of 23 RR INTE 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref, Former Bosa Donuts Site, New Hope Work Order 9: 0401229 11001 Hampshire Ave. South Client Contact: Mr. Jeremy (. rnighim Project Mgr: Thomas P. Wagner Date Reported: B MN, 55438 PO Number: BL -04 -05896 Phase SC Acc ID: BL2004 09/13/04 15:53 SW -N2 I1' 0401229 -08 (Soil) 8/25/04 3:01 pm Classical Chemistry Parameters _Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight 1 B410050 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene 0.14 0.029 mg /kg dry 1 B410060 8/31/04 8/31/04 WI GRO (95) Ethylbenzene 0.35 0.029 mg/kg dry I 8410060 8/31/04 8/31/04 WI GRO (95) m,p- Xylene 0.11 0.029 mg/kg dry I B410060 83 1/04 8/31/04 Wl GRO (95) B o- Xylene <0.029 0.029 mg/kg dry 1 B410060 8/31/04 8/31/04 WI GRO (95) Toluene 0.25 (W29 mg/kg dry I B410060 8,/31/04 8/31/04 Wl GRO (95) Surrogate: 4 -FC3 1/ 6 ;o Liows: 80 -200% 8410060 831'04 8,31104 WI GRO (95) Diesel Range Organics (DRO) . 9.9 9.9 mg/kg dry I B4H0484 8/31/04 9/1/04 WI DRO (95) Gasoline Range Organics (GRO) 70 12 in kg dry 1 B410060 8/31/04 8/31/04 WI GRO (95) hj EPA Lab ID: MN00063 m I "as report app ; onh to li,e nr 11 1/h th" rh�nrl u/ ct 4o�<<5 " (ocunk n/. I irI" unulrlunl report unui he reps /I/,cd rn 11, "milvil. Page 14 of 23 m i ; I1001 Hampshire Ave. S. Bloomington, MN 5.5438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401229 11001 Hampshire Ave. South Client Contact: Mr. Jeremy (_ oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05890 Phase SC Account ID: BL2004 09/13/04 15:53 B4 12' 0401229 -09 (Soil) 8/27/04 9:49 am Classical Chemistry Parameters Analyte Result b1RL Units Dilution Batch Prepared Analyzed Method Notes % Solids 86 % Weight 1 B410050 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene -'0.029 0.029 mg/kg dry 1 B4I0060 8/31/04 8/31/04 WI GRO (95) Ethylbenzene < 0.029 0.029 mg /kg dry I 13410060 831/04 8/31/04 WI GRO (95) m,p- Xylene 0.039 0.029 mg /kg dry I 8410060 8/31/04 8/31/04 WI GRO (95) B o- Xylene < 0.029 0.029 mg/kg dry I B410060 8.!31/04 8/31/04 WI GRO (95) Toluene <0.029 0.029 mg/kgdry I B4I0060 8/31/04 8/31/04 W1 GRO (95) Surrogate: 4 -FCS 104% Limits: 80 -200% 8410060 831,04 8/311 W1 GRO (95) Diesel Range Organics (DRO) < 9.9 9.9 mg /kg dry I B4H0484 8/31/04 9/1/04 Wl DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) EPA Lab ID: MN00063 reparl upi +h uttlPlu the sanyz /es alluli_ed in 41ccw414112C" wah the rh�rur �,j �u�ludrd"C 111114 //1/., onah1icul repnrl nuIsl he rep ed in It' emnvh. Page 15 of 23 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun Intertee- Bloomington Client Ref. Fonner Bosa Donuts Site, New Hope Work Order #: 0401229 11001 Hampshire Ave. South Client Contact: Tti1r. Jeremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 B5 13' 0401229 -10 (Soil) 8/27/04 10:46 am Classical Chemistry Parameters Analyte Result MRL -' Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight I B410050 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry 1 B410060 8/31/04 8/31/04 W1 GRO (95) Ethylbenzene < 0.029 0029 mg/kg dry I B410060 8/31/04 8/31/04 Wl GRO (95) m,p- Xylene 0.036 0.029 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) B o- Xylene < 0.029 0.029 mg/kg dry 1 B410060 8/31/04 8/31/04 WI GRO (95) Toluene : 0.029 0.029 mg/kg dry 1 B410060 8/31/04 8/31/04 Mill GRO (95) Surrogate: 4 -FCB 109% Limits: 80 -200% B410060 8/31 z B4 8131104 WI GRO (95) Diesel Range Organics (DRO) <. 9.9 9.9 mg/kg dry I B4H0484 8/31/04 9/1/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I B410060 8/31/04 8/31/04 WI GRO (95) EPA Lab ID: MN00063 /hr to /Mu repory ap/"ronir to the stfjnpkvs unuh _ed m uceorduncr cif/? lire , h,inr I,/ ,11""" A d"L lanent. i / I/, cincrlrltc it rcpor/ In ii"( he reproefiwcd in if rwu eh'. Page 16 of 23 11001 Hampshire Ave. S. Bloomington, MN 5.5438 952 -995 -2000 Phone 952 -995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401229 11001 Hampshire Ave. South Client Contact: Mr. Jeremy (. oughlin Project Mgr: Thomas P. warner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 SW -W3 9 -10' 0401229 -11 (Soil) 8/27/04 1:59 pm Classical Chemistry Parameters Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight I B410051 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene 0.23 0.14 mg/kgdry 5 B410060 8/31/04 9/1/04 W1 GRO (95) Ethylbenzene 0.91 0.14 mg/kgdry 5 B410060 8/31/04 9/1/04 W1 GRO (95) m,p- Xylene 1.7 0.14 mg/kg dry 5 B410060 8/31/04 9/1/04 WI GRO (95) o- Xylene 0.66 0.14 mg/kg dry 5 B410060 8/31/04 9/1/04 Wl GRO (95) Toluene 0.43 0.14 mg/kg dry 5 B4I0060 8/31/04 9/1/04 WI GRO (95) Surrogate:4 -FCB 104 ;'o Limits: 80 - 200io B410060 831.04 97'04 W1 GRO (95) Diesel Range Organics (DRO) 2.10 10 mg/k.-dry 1 B4H0484 8/31/04 9;1/04 Wl DRO (95) hno Gasoline Range Organics (GRO) 820 57 mg /kg dry 5 B410060 8/31/04 9/1/04 WI GRO (95) hj EPA Lab ID: MN00063 i i "' : I0 W dN, f � -h�� r ��i�,,r�. w7i, v r„ die amples a cd,_ed rut act o ehm,c with the L1111 1UMVI /. Page 17 of 23 '' x i 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order 4: 0401229 11001 Hampshire Ave. South Client Contact: Mr. Jeremy c uughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 1 Number: BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 SW -S1 9' 0401229 -12 (Soil) 8/27/04 3:12 pm Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 88 % Weight 1 B410051 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.028 0.028 mg/kg dry 1 8410060 8/31/04 9/1/04 WI GRO (95) Ethylbenzene < 0.028 0.028 mg/kg dry ( B410060 8/31/04 9/1/04 WI GRO (95) m,p- Xylene 0.035 0.028 mg/kg dry l B410060 8/31/04 9/1 /04 WI GRO (95) B o- Xylene < 0.028 0.028 mg/kg dry I B4I0060 8/31/04 9/1/04 WI GRO (95) Toluene <0.028 0028 mg/kgdry I 8410060 8/31/04 9/1/04 WI GRO (95) Surrogate: 4 -FCB 109 % Limits: 80 -?00% B410060 8 31, 04 97'04 W1 GRO (95) Diesel Range Organics (DRO) •, I I I 1 mg/kg dry I B41-10484 8/31/04 9/l/04 WI DRO (95) Gasoline Range Organics (GPO) < I I I I mg/kg dry I B410060 8/31/04 9/1/04 WI GRO (95) EPA Lab ID: MN00063 /hr In /hr, report upl ''r curlym the sUIIml'k, unnlr_eel in ,r�� nrd�urc,� truh the° , hung r, /ru,nah "",worm. //a., enru(rnrul report meet he reproduced ua xs mllre(i. Page 18 of23 i 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Mtertec- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401229 1100 1 Hampshire Ave. South Client Contact: Mr. Jeremy c oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL-04-05896 Phase SC Account ID: BL2004 09/13/04 15:53 B6 16' 0401229 -13 (Soil) 8/27/04 3:52 pm Classical Chemistry Parameters Analyte Result VIRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight I B410051 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons _Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry 1 B410060 8/31/04 9i 1/04 Wl GRO (95) Ethylbenzene - x ,029 mg/kg dry 1 B410060 8/31/04 9/1/04 WI GRO (95) m,p- Xylene 0,035 0.029 mg/kg dry 1 B410060 8/31/04 9/1/04 WI GRO (95) B o- Xylene <0.029 0.029 mg/kg dry I B410060 8/31/04 9/1/04 WI GRO (95) Toluene 0.029 0.029 mg/kg dry I B410060 8/31/04 9/1/04 WI GRO (95) Surrogate: f -FCB 98.8% Limits: 80 -200% B410060 831 97 6b7 GRO (95) Diesel Range Organics (DRO) 10 10 mg/kg dry 1 B4F10484 8/31/04 9/1/04 WI DRO (95) Gasoline Range Organics (GRO) t I 11 mg/kg dry I B410060 831/04 9/1/04 Wl GRO (95) EPA Lab ID: MN00063 /h; rr'uln n+ 01, repu9 npr'+ "nr l to the evwpie, a/w/ -ed In 'I' ordamc a tt /r tloc- nc'rrn ,,, r1 "rudr dccrtrnn nr. ; irr.c on'16.1/ crl wporl runel he reprorhrre,l in uc ecNnrrr. Page 19 of 23 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertee- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 0401229 11001 Hampshire Ave. South Client Contact: Mr. Jeremy (. oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 Classical Chemistry Parameters - Quality Control Batch B4I0050 - % Solids Method Blank (B410050 -BLKI) Analyte Result MRL % Solids Standard Reference Material (B410050 - SRM1) Analyte Result MRL % Solids 86 5 Batch B4I0051 - % Solids mcuwu u�aun �u- rwv- �i-u�,ni� Analyte Result MRL % Solids Standard Reference Material (B410051 -SRM1) Analyte Result MRL % Solids 80.2 Prepared & Analyzed: 09/03/04 Spike Source %REC RPD Units Level Result %REC Limits RPD Limit Notes ° ,o Weight NA NA NA NA NA NA Prepared & Analyzed: 09/03/04 Spike Source °,oREC RPD Units Level Result %REC Limits RPD Limit Notes % Weight 88.8 NA 97.4 90-110 NA NA mcuwu u�aun �u- rwv- �i-u�,ni� Analyte Result MRL % Solids Standard Reference Material (B410051 -SRM1) Analyte Result MRL % Solids 80.2 EPA Lab ID: MN00063 ihv fmlr the .cunlph". anah_ed m occmrdellne a nh h:c .ir�uu �,/ rrr�rtr.k Jhn rmuwr. F -N;r., analr[ical rrporl must hr• rl' "whet. Page 20 of 23 Prepared & Analyzed: 09/03/04 Spike Source %REC RPD Units Level Result %REC Limits RPD Limit Notes ° .o Weight NA NA NA NA NA NA Prepared & Analyzed: 09/03/04 Spike Source %REC RPD Units Level Result °.REC Limits RPD Limit Notes % Weight 88.8 NA 97.1 90-110 NA NA EPA Lab ID: MN00063 ihv fmlr the .cunlph". anah_ed m occmrdellne a nh h:c .ir�uu �,/ rrr�rtr.k Jhn rmuwr. F -N;r., analr[ical rrporl must hr• rl' "whet. Page 20 of 23 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995-2000 Phone 952 -995 -2020 Fax Braun Intertee- Bloomington Client Ref: Former Bosa Donuts Site, New Hope Work Order #: 040122 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C ouahlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Phase SC Account ID: BL2004 09/13/04 15:53 Total Petroleum Hydrocarbons - Quality Control Batch B4H0484 - WI DRO (95) Method Blank (B4H0484 -BLKI) Prepared: 08/31/04 Analyzed: 09/01/04 Spike SOLI ' 'Cc "i REC RPD Analyte Result MRL Units Level Result ".P EC Limits RPD Limit Notes Diesel Range Organics (DRO) .10 10 mg /kg NA NA NA NA NA NA Laboratory Control Sample (B4H0484 - BSI) 0 035 0.035 mg /kg NA NA Prepared: 08/31/04 Analyzed: 09/01/04 NA NA NA Ethylbenzene Spike Source °,oREC RPD Analyte Result MRL Units Level Result °oREC Limits RPD Limit Notes Diesel Range Organics (DRO) 25.0 10 mg /kg 33.0 NA 78.1 70 -120 NA NA Laboratory Control Sample Duplicate (B4H0484 - BSDI) o- Xylene 0.025 0.035 Prepared: 08/31/04 .Analyzed: 09/01/04 NA NA NA NA Spike Source "/oREC RPD Analyte Result MRL Units Level Result " -oREC Limits RPD Limit Notes Diesel Range Organics (DRO) 26.8 10 mg /kg 33.0 NA 83.8 70 -120 6.95 20 Batch B410060 - Wl GRO (95) Method Blank (B410060 -BLKI) Prepared & Analyzed: 08/31/04 Spike Source °oREC RPD Analyte Result MRL Units Level Result "oREC Limits RPD Limit Notes Benzene 0 035 0.035 mg /kg NA NA NA NA NA NA Ethylbenzene 0A25 0.025 mg /kg NA NA NA NA NA NA m,p- Xylene 0.0374 0.025 mg /kg NA NA NA NA NA NA o- Xylene 0.025 0.035 mg. kg NA NA NA NA NA NA Toluene 0.025 0,025 mg /kg NA NA NA NA NA NA Surrvgute: 4 -FCC M. ng IIIL 16.0 y.l 104 NO Gasoline Range Organics (CIRO) 10 10 ntg /kg NA NA NA NA NA NA Laboratory Control Sample (B410060 - BSI) Prepared & Analyzed: 08/31/04 Spike Source °oREC RPD Analyte Result MRL. Units Level Result °oREC Limits RPD Limit Notes Benzene 1.49 0.025 mg /kg 1.60 NA 93.1 80 -120 NA NA Ethylbenzene 1.50 0.035 mg /kg 1.60 NA 93.8 80 -120 NA NA m,p Xylene 3.02 0.025 mg /kg 3.20 NA 94.4 80 -120 NA NA o- Xylene 1.52 0.025 mgikg 1.60 NA 95.0 80 -120 NA NA Toluene 1.50 0,025 mg /kg 1.60 NA 93.8 80 -120 NA NA .Surrugule :3 - FC'B i ".II ng m1. 16.0 V.I 1116 x0 -200 Gasoline Range Organics(GRO) Iti.1 10 mg /kg 16.0 NA lol 80 -120 NA NA EPA Lab ID: MN00063 ill. r "if//, In lhi., '1171'+: /n h III file "Imples anail_e'/ In a",on uncu all rile �.1 =lnir n) �'u,rulh' �Llctmu�Iti. llle, unulrnr�d re�nrt mu.r! ,°�e rcl uI n, rt±ln:�n. Page 21 of 23 11001 Hampshire Ave. S. Bloomington, MN 55438 952 - 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Rel`. Former Bosa Donuts Site, New Hope Work Order #: 0401229 11001 Hampshire Ave. South Client Contact: Mr. Jeremy t_ oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Phase SC Account 1D: BL2004 09/13/04 15:53 Total Petroleum Hydrocarbons -Quality Control Batch B4I0060 - WI GRO (95) Laboratory Control Sample Duplicate (B410060 -BSDI) Prepared: 08/31/04 Analyzed: 09/01/04 Spike Source %REC RPD Analyte Result MRL Units Level ReSUlt 'oREC Limits RPD Limit Notes Benzene 1.42 0.025 mg /kg 1.60 NA 88.8 80 -120 4.81 20 Ethylbenzene 1.44 0.025 mgikg 1.60 NA 90.0 80 -120 4.08 20 m,p- Xylene 2.89 0.025 mg /kg 3.20 NA 90.3 80 -120 4.40 20 o- Xylene 1.46 0.025 ntg /kg 1.60 NA 91? 80 -120 4.03 20 Toluene 1.44 0.025 mg /kg 1.60 NA 90.0 80 -120 4.08 20 ,Surrogale:4 -F('13 16.1 npinL 16.0 a 10/ 80 -200 Gasoline Range Organics (GRO) 15.9 10 mg /kg 16.0 NA 99.4 80 -120 1.25 20 EPA Lab ID: MN00063 /r't" ihic report upp/ "1111 iu Me '<nnpks unu(t_ed in accordunre 1":111 the , hhnn I'/ I Iwodr Ilncunxvu, l0" unulrncul repuri unevl hr rd in I/ rnnreh. Page 22 of 23 11001 Hampshire Ave. S. Bloomington, MN 55438 952-995-2000 Phone 952-995-2020 Fax Braun Intertec-Bloomington Client Ref. Former Bosa Donuts Site, New Hope Work Order #: 0401229 11001 Hampshire Ave. South Client Contact: Mr— JereMV(OLIghlin Project Mgr Thomas P. Wagner -I r Date Reported: Bloomington MN, 55438 P0 Number: BL-04-05890 Phase SC ACCOLUIt ID: BL2004 09/13/04 15:53 BRAUN RFOUEST FOP, LVAMATORY INTERTEC ANAIXTICAL SERVICES Providinj enqineciina anJ .............. ..... EPA Lab ID: MN00063 1""Oh, of C11, (I/'/ I unlr to Ille."unplus w7al I-ed /11 ac(ordumc �' 11/7 the "I'll" of , n'1'01 do I'llicn/. U., 'M'd thal report 1111t.'I he ruprodll "d Ill 1/'I Page 23 of 23 J ' if . . . . .... .............. ...... 6A a Al tPecal kftstrw�lion% drldlor Spprcirm Re"golAh"vy "W"o� j-jtl" J"'S wca N 'X"% ... ................. . . .. ..... ........ .... . ............. ............ .. ........ . ........ .... ... .. . . ........... . . ... . ... .......... Providinj enqineciina anJ .............. ..... EPA Lab ID: MN00063 1""Oh, of C11, (I/'/ I unlr to Ille."unplus w7al I-ed /11 ac(ordumc �' 11/7 the "I'll" of , n'1'01 do I'llicn/. U., 'M'd thal report 1111t.'I he ruprodll "d Ill 1/'I Page 23 of 23 A ui -a Braun Intertec Corporation I Phone: 952.995.2000 11001 Hampshire Avenue S Fax: 952.995.2020 Minneapolis, MN 5543$ Web: brounintertec.com Mr. Jeremy Coughlin Braun Intertec- Bloomington 1 1001 Hampshire Ave. South Bloomington, MN 55438 RE: Bosa Donuts, New Hope, MN BL -04 -05896 Dear Mr. Jeremy Coughlin September 13, 2004 Work Order #: 0401249 Braun Intertec Corporation received samples for the project identified above on 08/31/04 14:02 Analytical results are summarized in the following report. All routine quality assurance procedures were followed, unless otherwise noted Analytical results are reported on an "as received" basis unless otherwise noted. Where possible, the samples will be retained by the laboratory for 14 days following issuance of the initial final report. The samples will be disposed of or returned at that time. Arrangements can be made for extended storage by contacting me at this time. We appreciate your decision to use Braun Intertec Corporation for this project. We are committed to being your vendor of choice to meet your analytical chemistry needs. If you have any questions please contact me at the above phone number. Sincerely, Thomas P. Wagner Project Manager �x —` Providing engineering and enviranmenlal soltdions since 1957 1 I Certification /Aecreditation Numbers CC °tinnesota Depai uient of Healrh. 02 -053 -117 Wi — DNR: 999462640 NVLAI': 1021234 -0 DANA: 101103 Page I of 13 mil 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun hntertec- Bloomington Client Ref: Bosa Donuts, New Hope, MN Work Order #: 0401249 11001 Hampshire Ave. South Client Contact: Mr. Jerennv C oughlin Project Mgr. Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -0 Account ID: BL2004 09113/04 16:54 How to Use this Report In order to get the most out of the information presented in this report please refer to the following explanations as to how the data in this report is tied together and how some of the terms are defined. Qualifiers and Abbreviations are defined in the following section. You will find these codes used throughout the report in headers and in note sections to designate a unique fact about the data to which they are associated. The Case Narrative gives a story" about tine analysis and results. Here you will find greater elaboration on relevant qualifiers as well as an explanation of anything of particular note in the data. This is a discussion of the data in terms of quality control and chemistry. it is a summary of any deviations that could affect the usefulness of the data. This is not an interpretation as to how this information relates to regulatory compliance. toxicity, or hazardous characterization. These items are beyond the scope of this report. The Sample Summary provides detail on sample receipt. The association between Client sample ID and the Laboratory sample ID are defined here: this information is valuable to have when discussing results with your project manager. Sample collection and receipt dates and times are provided here as well. General notes regarding the work order are also documented here. This is a mini "case narrative" that describes any anomalies regarding the condition of the samples upon arrival to the laboratory or special circumstances regarding the work order. The Conditions Upon Receipt summarizes the results of specific checks that have been performed at sample receipt. This includes items like custody documentation, sample condition. and temperature at receipt. Each "cooler' is identified and the conditions associated with that cooler are documented. A "cooler' is defined as the larger container used to transport the individual samples. In most cases this is a standard recreational cooler but it can be a box, plastic bag, or other container. The laboratory results are summarized in the following sections. Data is broken down into major categories for convenience. An example of such a category would be "Total Petroleum Hydrocarbons." Here }ou would find data that references the testing of such parameters as diesel range organics and gasoline range organics. Other categories are similarly mapped. The batch number is associated with each sample. This is important to evaluate Quality Control (QC) data. Surrogate results samples are provided with each sample. Laboratory control limits are provided for comparison (see below). The reference method is also identified. if a method is denoted with an "M" (e.g. EPA 1234(M)) this means that it has been modified. An explanation of the modification Will be found in the Case Narrative. A result is given with appropriate units. If a soil sample is dry- weight corrected then the word "dry" will appear next to the units. I f the word "dry" does not appear then the result is "as received." The Method Reporting Limit (MRL) is provided. It is important to understand this term. The MRL is a level that has been empirically verified to provide reliable quantification or results. Results that are equal to or greater than this value will show up as bolded. They are considered "hits." It a result is less than the MRL, tine result is given as less than the MRL (e.g. if the MRL = 10 then a less than would be given as' < 10`). The Quality Control (QC) samples are documented in the following section. Here you will Find the preparation batches associated with each sample from the results section. The sample preparation method is also defined here. Accuracy is represented in terms of a percent recovery as compared to a known value. Precision is represented as a relative percent difference between two duplicate sample aliquots. The laboratory control limits are provided as a means to evaluate the quality control data. if the result falls outside the laboratory control limits this simply means that it is outside what is typical for the laboratory and is noted accordingly. This does not mean that the data is invalid. Laboratory control limits are generally tighter than most program limits. This is a ver important distinction. How the data is ultimately used determines its validity. Program requirements are defined in the Quality .Assurance Project Plan (QAPP) governing the project. If your project manager is aware of your specific program requirements then a note kill be made in the case narrative if the data fails to meet any ofthese requirements. The last section contains copies of important documents and/or instrument printouts relevant to the report. This includes the chain of custody. It also may include items like chrontatoaranns or spectra. Please note that this report is paginated and must be reproduced in its entirety. EPA Lab 1D: MN00063 /hr /k °udu u/ /Iris rejig/ <pp i only /n /he simples oncdieed n/ accordance 1,1th /hr rhal❑ nj cn.�l,idr dcicunrwu. llctc un.lh- licrrl report snot he 1% cd rn i/c enNrc'ir. Page 2 of 13 ECK 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun lntertec- Bloomington Client Ref: Bosa Donuts. Vew Hope, MN Work Order #: 0401249 11001 Hampshire Ave. South Client Contact: Mr..lerenry C oughfin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account 1D: BL2004 09/13/04 16:54 Qualifiers and Abbreviations B Analyte is found in the associated hlank as sell as in the sample (CLP B -flag). COC Chain of Custodv dry Sample results reported oil a dr, sceigbt basis MRL Method Reporting Limit NA Not Applicable ND Analyte NOT DETECTED NR Not Reported %Rec Percent Recovery RPD Relative Percent Difference VOC Volatile Organic Compound EPA Lab ID: MN00063 lhr, report ul?p', w7h, to 61C wimples dnulr_rd in dc"n"Aurcr nvlh llu! rhaln .,r cirdodr'h" l urenL 01r undll' /icd/ repwv men/ he rcjwmhtred ill it, en/nx-n. Page 3 of 13 s 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Bosa DonntS. New Hope, MN Work Order #: 0401249 11001 Hampshire Ave. South Client Contact: Mr. Jeremy c. uughlin Project Mgr: Thomas P. Wagner Date Reported: Bl oomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/13/04 16:54 Case Narrative EPA Lab ID: MN00063 '6 m L'`ns repnr/ /o dic sauiplc.c unolt_ed hl urcordunce m1h the rhdin " /rteVo,A d"cvunenl. /hIs aII,I rwicvl repnrl nnot he reprm/IIred in //, eII/II-'m. Page 4 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun Intertee - Bloomington Client Ref: Bosa Donuts. New Hope, MN Work Order #: 0401249 11001 Hampshire Ave. South Client Contact: Mr..leremy Coughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/13/04 16:54 SAMPLE SUMMARY EPA Lab ID: MN00063 he r", 11/1, w rhl, cr/r/ 'r oarin to the yanipl s unu/ -cd h/ acrouz/un<c a ]th Nu• rkwrur n (c,•r. /�uA duc umrn /. l hr.' 1117,11 NO 11 rAnrr/ MUM he durrd irr IA CMir . Page 5 of 1= Sample ID Laboratory ID Matrix Date Sampled Date Received Base Confirmation #B -7 0401249 -01 Soil 08/30/04 15:45 08/31/04 14:02 Sidewall Confirmation SW -E1 0401249 -02 Soil 08/30/04 15:50 08/31/04 14:02 Methanol Blank 0401249 -03 Soil 08/30/04 00:00 08/31/04 14:02 EPA Lab ID: MN00063 he r", 11/1, w rhl, cr/r/ 'r oarin to the yanipl s unu/ -cd h/ acrouz/un<c a ]th Nu• rkwrur n (c,•r. /�uA duc umrn /. l hr.' 1117,11 NO 11 rAnrr/ MUM he durrd irr IA CMir . Page 5 of 1= 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Cooler: Cooler #11 Conditions Upon Receint Temperature: 3.4 ° C Received on Ice: Yes COC Included: Yes Hand Delivered by Sampler: Yes Custody Seals Used: No Sufficient Sample Provided: Yes Custody Seals Intact: No Headspace Present {VOC }: No Preservation Confirmed: Yes Temperature Blank: Yes COC Complete: Yes COC & Labels Agree: Yes EPA Lab ID: MN00063 /h, recnh, in Nsr, rep')rl alI", rnrh to the .rumples unu /tend ut ucc ordune iruii the rlsnn n/ , II'vodr document. J hrs u17417141cul report must he rel Ht ns ennrell kaun Intertec- Bloomington Client Ref: Bosa Donuts. New Hope, MN Work Order #: 0401249 1001 Hampshire Ave. South Client Contact MrJeremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: ftomington MN, 55438 PO Number: BL -04 -05890 Account ID: BL2004 09/13/04 16:54 Page 6 of 13 � a 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Bosa Donuts. New Hope, MN Work Order #: 0401249 11001 Hampshire Ave. South Client Contact: Mc Jeremy (. oughlin Project M-r: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/13/04 16:54 Base Confirmation #B -7 0401249 -01 (Soil) 8/30/04 3:45 pm Classical Chemistry Parameters Analyte Result L1RL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight 1 B410051 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene -0,029 0.029 mg/kg dry I B410093 9/2/04 9/2/04 WI GRO (95) Ethylbenzene < 0.029 0.029 mg/kg dry I B410093 9/2/04 9/2/04 WI GRO (95) m,p- Xylene 0.044 0.029 mg/kg dry 1 B410093 9/2/04 9/2/04 WI GRO (95) B o- Xylene < 0.029 0.029 mg/kg dry 1 B410093 9/2/04 9/2/04 W l GRO (95) Toluene < 0.029 0.029 mg/kg dry 1 B410093 9/2/04 9/2/04 Wl GRO (95) Surrogate: 4 -FCB 113 °o L imits: 80 -200% 8410093 9:2'04 9,2 W1 GRO (95) Diesel Range Organics (DRO) < 9.0 9.0 mg/kg dry I B410022 9/2/04 9/10/04 WI DRO (95) Gasoline Ran .-e Organics (GRO) < 12 12 mg/kg dry 1 B410093 9/2/04 9/2/04 WI GRO (95) EPA Lab ID: MN00063 i _c I ui a'cwdmtrr ❑ -uh the � Ixr „r n/ inrndr ducnu�enr.: hn unuhvircd renorl mu.S1 he rep c<l In u, rn�rren'. Page 7 of 13 MM; 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Bosa Donuts. New Hope, MN Work Order #: 0401249 11001 Hampshire Ave. South Client Contact: Mr. Jeremy ( oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/13/04 16:54 Sidewall Confirmation SW -El 0401249 -02 (Soil) 8/30/04 3:50 pm Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight 1 B410051 9/3/04 9/3/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry 1 8410093 9/2/04 9/2/04 Wl GRO (95) Ethylbenzene < 0.029 0.029 mg/kg dry I B4I0093 9/2/04 912/04 WI GRO (95) m,p- Xylene 0.043 0,029 mg/kg dry I B410093 9/2/04 9/2/04 WI GRO (95) B o- Xylene < 0.029 0029 mg/kg dry I B410093 9/2/04 9/2/04 W1 GRO (95) Toluene < 0.029 0.029 mg/kg dry I B410093 9/2/04 9/2/04 W1 GRO (95) Surrogate: 4 -FCB 106 % Limits: 80 -200% B410093 9 %2 04 9.'2!04 WI GRO (95) Diesel Range Organics (DRO) 1 I I I nt, /ka dry I B410022 9/2/04 9/10/04 WI DRO (95) Gasoline Range Organics (GRO) < 1 1 11 mg/kg dry 1 B4I0093 9/2/04 9/2/04 Wl GRO (95) EPA Lab ID: MN00063 /h:• m this reporl c,p,"' r onli'!f, the samples unultced in nerurdancr 11.1117 the a o 1 h,n/,inn„h dorurnsvu. ! /us unul[ticul report 1nns1 he reprodurrd fn Ir, rnNrrit. Page 8 of 13 g lr 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertee- Bloomington Client Ref: Bosa Donuts. New Hope. MN Work Order #: 0401249 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C uughlin Project Mar: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: B1. -04 -05896 Acc ID: BL2004 09/13/04 16:54 Methanol Blank 0401249 -03 (Soil) 8/30/04 12:00 am Total Petroleum Hydrocarbons Analyte Result yIRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.025 0.025 mg /kg 1 B410093 9/2/04 9/2/04 W I GRO (95) Ethylbenzene 0.025 0.025 mg /kg 1 B410093 9/2/04 9/2/04 WI GRO (95) m,p- Xylene 0.042 0.025 mg /kg I B410093 9/2/04 9/2/04 WI GRO (95) B o- Xylene < 0.025 0.025 mg/kg I B410093 9/2/04 9/2/04 WI GRO (95) Toluene <; 0.025 0.025 mg /kg I B410093 9/2/04 9/2/04 WI GRO (95) Surrogate: # -FCB 105 11 6 Limits 80 -200% 8410093 9 2,'04 9,2/04 WI GRO (95) EPA Lab ID: MN00063 1 In /, v,h1 111 rhn repurI tq 1 1 1 onir to /re vanpkr � Z; -d rn 41" , n/mu e a i/r fhr IhV, l „J , il.lndl �furfuucn /. /,`�/� unult9�rul �z °pur! �rnr. / /u rri>rr,ch�r�xl rn i/� rnln r[t. Page 9 of] 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Bosa Donuts. New Hope, MN Work Order #: 0401249 11001 Hampshire Ave. South Client Contact: Mr..leremy (ouahlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/13/04 16:54 Classical Chemistry Parameters - Quality Control Batch B4I0051 - % Solids Method Blank (B410051 -BLKi ) Analyte Result MRL 06 Solids Standard Reference Material (B410051 - SRM1) Analyte Result MRL % Solids 86.2 Notes Notes EPA Lab ID: MN00063 ffr, re, rrlr., of liar, rr pnt I cip/ j on v to the t:unples analr -ed ire accordance a nh the um ��! , rntadr docunu nt. l hr. aorrlt tical report noest he rrprurhrrr 1 of if, enrorefi. Page 10 of 13 Prepared & Analyzed: 09/03/04 Spike Source °oREC RPD Units Level Result °oREC Limits RPD Limit °6 Weight NA NA NA NA NA NA Prepared & Analyzed: 09/03/04 Spike Source %REC RPD Units Level Result °oREC Limits RPD Limit 9 6 Weight 88.8 NA 97.1 90 -110 NA NA Notes Notes EPA Lab ID: MN00063 ffr, re, rrlr., of liar, rr pnt I cip/ j on v to the t:unples analr -ed ire accordance a nh the um ��! , rntadr docunu nt. l hr. aorrlt tical report noest he rrprurhrrr 1 of if, enrorefi. Page 10 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Bosa Dot1UtS. New Hope, MN Work Order #: 0401249 11001 Hampshire Ave. South Client Contact: Mr. Jeremv (oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/13/04 16:54 Total Petroleum Hydrocarbons - Quality Control Batch B4I0022 - WI DRO (95) Method Blank (B410022 -BLK1) Prepared: 09/02/04 .Analyzed: 09/10/04 Method Blank (B410093 -BLKI) Spike Source %REC RPD Analvte Result MRL Units Level Result %REC Limits RPD Limit Notes Diesel Range Organics (DRO) 10 10 mg /kg NA NA NA NA NA NA Laboratory Control Sample (B410022 -BSI) Benzene 0.025 0.025 mg'kg NA Prepared: 09/02/04 Analyzed: 09/10/04 NA NA NA NA Spike Source 0 , / oREC RPD Analyte Result MRL Units Level Result %REC Limits RPD Limit Notes Diesel Range Organics (DRO) 26.7 10 ntg/kg 32.0 NA 83.4 70 -120 NA NA Laboratory Control Sample Duplicate (B410022 -BSDI) NA NA o- Xylene Prepared: 09/02/04 Analyzed: 09/04/04 0.025 mg /kg NA NA Spike Source %REC RPD Analyte Result MRt. Units Level Result %REC Limits RPD Limit Notes Diesel Range Organics (DRO) 29.4 10 mg /kg 32.0 NA 91.9 70 -120 9.63 20 Batch B4I0093 - W I C RO (95) Method Blank (B410093 -BLKI) Prepared & Analyzed: 09/02/04 Analyte Result (v1RL Units Spike Level Source Result %REC %REC Limits RPD RPD Limit Notes Benzene 0.025 0.025 mg'kg NA NA NA NA NA NA Ethylbenzene 0.025 0.025 mg/kg NA NA NA NA NA NA m,p- Xylene 0.0396 0.025 mg /kg NA NA NA NA NA NA o- Xylene 0.025 0.025 mg /kg NA NA NA NA NA NA Toluene 0.025 0,025 mg /kg NA NA NA NA NA NA .Surr"putr: 4 -FCH 6.6 nh 1171. 16.0 VA I04 80 -200 Gasoline Range Organics (GRO) 10 10 imAg NA NA NA NA NA NA Laboratory Control Sample (B410093-BSI) Prepared & Analyzed: 09/02/04 Analyte RCSUlt MRL Units Spike Level Source Result °.REC °oREC Limits RPD RPD Limit Notes Benzene 1.47 0.025 mg /kg 1.60 NA 91.9 80 -120 NA NA Ethylbenzene 1,50 0.025 mg /kg 1.60 NA 93.8 80 -120 NA NA m,p- Xylene 3.01 0.025 mg/kg 3,20 NA 94.1 80 -120 NA NA o- Xylene 1.50 0,025 mg /kg 1.60 NA 93.8 80 -120 NA NA Toluene 150 0.025 mg /kg L60 NA 93.8 80 -120 NA NA Slwro("ule: 4 -F B 6.0 1Ii> 1711. 16.0 ";. I 100 SO-200 Gasoline Range Organics (GRO) 53 10 mg/kg 16.0 NA 95.6 80 -120 NA NA EPA Lab ID: MN00063 1h1.+ rep"rr up =I "1711 to /he sumplc.c uno /r_e.l in ucc or, "nn" a r1/11h LIM "I r1icl"dr d"cumenl. l hi.A unulr'lrcul rcp"rl 11121st he rrprndur, d ton, cultiviv- Page I 1 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Bosa Donuts. New Hope, MN Work Order #: 0401249 1100 1 Hampshire Ave. South Client Contact: Mr..leremv C oughfin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/13/04 16:54 Total Petroleum Hydrocarbons - Quality Control Batch B4I0093 - WI GRO (95) Laboratory Control Sample Duplicate (&410093 -BSD1) Prepared & Analyzed: 09/02/04 Analyte Result MRL Units Spike Level Source Result %REC ;'oREC Limits RPD RPD Limit Notes Benzene 1.43 0.025 ntg /kg 1.60 NA 89.4 80 -120 2.76 20 Ethylbenzene 1.46 0.025 mg /kg 1.60 NA 912 80- 120 2.70 20 nt,p- Xylene 2.93 0.025 ntg /kg 3.20 NA 91.6 80- 120 2.69 20 o- Xylene 1.17 0.025 ntg /kg 4.60 NA 91.9 80.120 2.03 20 Toluene 1,-45 0,025 mg /kg 1.60 NA 90.6 80 -120 3.39 20 Surr/��ute: 4 -1 16.2 ng nd. 16.0 NA 101 80 -200 Gasoline Range Organics (GRO) 14J 10 mg /kg 16.0 NA 90.6 80 -420 5.37 20 EPA Lab ID: MN00063 //?" r, <�iu`r m I/n, lvpwl ap /", r,n ro 1he .vanph unah_ed in accnrdan, r i,vh the rhani u/ r/r'mdr 1m), /I/. !h, anah'nc(Il rgw)rl nn5'7 be i gnrndtlrrd m /1, icnmelt'. Page 12 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Bosa Donuts. New Hope, MN Work Order #: 0401249 11001 Hampshire Ave. South ClientContact: Mr. Jeremy Coughlin Project Mgr. Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/13/04 16:54 BRAUN �,� r t,. Page t_. t Ti REQUEST FOR 11,80RATORY S�- ;r1mRs.c r* w�rxum�BnrEocU �rtiy ANALYTICAL SERVICES 7— vrn i�. id . t irn a1 &r % .. pflGi841r]�truw.ttr�sf 14IdPP I is I eea .�rtt r8 MEdeedPe. ;tr_•?t1.e. ,_ r ,7777L � mn kaa ter A PP ( s i 3q `A w � t w Wr , n i ! m EPA Lab ID: MN00063 //w Ivwdlx nr thl, rchurr uh/ltr 01711: to the samples cutulr_ed in urrurdanrr �.nh the hunt uJctotudt dnc III? unt. lixl a CIlYlictd repurl must he repruduceaI n u1 e; >roelV. Page 13 of 13 ii 91F Mr. Jeremy Coughlin Braun Intertec - Bloomington 1 1001 Hampshire Ave. South Bloomington, MN 55438 RE: Former Bosa Donuts New Hope, MN BL -04 -05896 Dear Mr. Jeremy Coughlin Braun Intertec Corporation f Phone: 952.995.2000 11001 Hampshire Avenue S I Fax: 952.995.2020 Minneapolis, MN 55438 Web: braunintertec.com September 16, 2004 Work Order #: 0401372 Braun Intertec Corporation received samples for the project identified above on 09/13/04 09:05. Analytical results are summarized in the following report. All routine quality assurance procedures were followed, unless otherwise noted. Analytical results are reported on an "as received" basis unless otherwise noted. Where possible the samples will be retained by the laboratory for 14 days following issuance of the initial final report. The samples will be disposed of or returned at that time. Arrangements can be made for extended storage by contacting me at this time. We appreciate your decision to use Braun Intertec Corporation for this project. We are committed to being your vendor of choice to meet your anal\ tical chemistry needs. If you have any questions please contact me at the above phone number. c . s f Sincerely, Thomas P. Wagner Project Manager 0 Providing engineering and environmental solhrtions sinra 1957 Certification /Accreditation Numbers Minnesota Dap Urtment of I 1 17 IkVt":onsin DNR: x)99 463640 \A L-1P: 1021234 -0 AIHA: 101103 Page 1 of I I 1 iTl 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995-2000 Phone 9.52- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts/ New Hope, MI Work Order #: 0401372 11001 Hampshire Ave. South Client Contact: Mr..leremy (uughlin Project M gr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account 1D: BL2004 09/16/04 12:16 How to Use this Report in order to get the most out of the information presented in this report please refer to the following explanations as to how the data in this report is tied together and how some of the terms are defined. Qualifiers and Abbreviations are defined in the following section. You will find these codes used throughout the report in headers and in note sections to designate a unique fact about the data to which they are associated. The Case Narrative gives a "story" about the analysis and rewlts. Here you will find greater elaboration on relevant qualifiers as well as an explanation of anything of particular note in the data. This is a discussion of the data in terms of quality control and chemistry. It is a summary o1 any deviations that could affect the usefulness of the data. This is not an interpretation as to how this information relates to regulatory compliance. toxicity. or hazardous characterization. These items are beyond the scope of this report. The Sample Summary provides detail on sample receipt. The association between Client sample ID and the Laboratory sample ID are defined here: this information is valuable to have when discussing results with your project manager. Sample collection and receipt dates and times are provided here as well. General notes regarding the work order are also documented here. This is a mini "case narrative" that describes any anomalies regarding the condition of the samples upon arrival to the laboratory or special circumstances regarding the work order. The Conditions Upon Receipt summarizes the results of specific checks that have been performed at sample receipt. This includes items like custody documentation, sample condition. and temperature at receipt. Each "cooler' is identified and the conditions associated with that cooler are documented. A `cooler" is defined as the larger container used to transport the individual samples. In most cases this is a standard recreational cooler but it can be a box, plastic bag, or other container. The laboratory results are summarized in the following sections. Data is broken down into major categories for convenience. An example of such a category would be "Total Petroleum llvdrocarbons ` Here you world find data that references the testing of such parameters as diesel range organics and gasoline range organics. Other categories are similarly mapped. The batch number is associated with each sample. This is important to evaluate Quality Control (QC) data. Surrogate results samples are provided with each sample. Laboratory control limits are provided for comparison (see below). The reference method is also identified. If a method is denoted with an "M" (e.g. EPA 1234(M)) this means that it has been modified. An explanation of the modification will be found in the Case Narrative. A result is given with appropriate units. if a soil sample is dry- weight corrected then the word "dry" will appear next to the units. I fthe word - `dry" does not appear then the result is "as received." Tine Method Reporting Limit (MRL) is provided. It is important to understand this term. The MRL is a level that has been empirically verified tc provide reliable quantification of results. Results that are equal to or greater than this value will show up as bolded. "they are considered "hits." it a result is less than the MRL, the result is as less than the MRL (c if the MRL = 10 then a less than would be given as `< 10"). The Quality Control (QC) samples are documented in the following section. Here you will find the preparation batches associated with each sample from the results section. The sample preparation method is also defined here. Accuracy is represented in terms of a percent recovery as compared to a known value. Precision is represented as a relative percent difference betvveen two duplicate sample aliquots. The laboratory control limits are provided as a means to evaluate the quality control data. If the result falls outside the laboratory control limits this simply means that it is outside what is typical for the laboratory and is noted accordingly. This does not mean that the data is invalid. Laboratory control limits_ are generally tighter than most program limits. This is a vC% important distinction. Flow the data is ultimately used determines its validity. Program requirements are defined in the Quality Assurance Pro ,iect Plan (QAPP) governing the project. 11' your project manager is aware of your specific program requirements then a note \N ill be made in the case narrative if the data fails to meet any of these requirements. The last section contains copies of important documents and /or instrument printouts relevant to the report. This includes the chain of custody. It also may include items like chrontatograms or spectra. Please note that this report is paginated and must be reproduced in its entirety. EPA Lab ID: MN00063 t h, rew/l., :u Ihn re pnrt app' on /i to the mmq unu(r -rd In act w nun, c with the rhnn n / ., rr.n"'A re +e unirnt. t / +r., un<<(i I(cu/ rrpurt inrc,/ he repr�ulucer/ nr uc rnurrp'. Page 2 of i I 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts/ New Hope, Mt Work Order #: 0401372 11001 Hampshire Ave. South Cl ient Contact: Mr, Jeremy ( oughlin Prgiect Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PU Number: BL- 04 -05890 Account ID: BL2004 09/16/04 12:16 Qualifiers and Abbreviations COC Chain of Custody di); Sample results repoiled on a dry %�eighi basis MRL Method Reporting Limit NA Not Applicable ND Analyte NOT DETECTED NR Not Reported %Rec Percent Recorery RPD Relative Percent Difference VOC Volatile Organic Compound EPA Lab ID: MN00063 I hr 111 /h1" vporl a ; - ! on(1 /o /hc 101111?les unult_e11 u1 uCCol -diarr 1[ 11/1 1!1e h�uu �,7 rnur��lrrlrnrnu.�ul. ;Jug rnr�rlrtrcul rel,(ri no-ml he rcprra mcd 11) /v "mir,11. Page 3 of 11 i 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts / New Hope. Ml Work Order 9: 0401372 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C uughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 5 5438 PO Number: BL -04 -05896 Account ID: BL2004 09/16/04 12:16 Case Narrative EPA Lab ID: MN00063 rn 11111 r, ' ',nh 1" 1 /21' nnulr =rd m UL 4 1111h the r1.11.n /r.!r,evmxvu. 'bn uncrlrow/ rr i-r ntu.v he rd ]n in c;�u,rcrr. Page 4 of I I • 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington (. lient Ref: Farmer Bosa Donuts /New Hope. -MI Work Order 9: 0401372 11001 Hampshire Ave. South Client Contact: Mr. Jeremy ( oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 N) Number: BL -04 -05896 Account ID: BL2004 09/16/04 12:16 SAMPLE SUMMARY Sample ID Laboratory ID Matrix Date Sampled Date Received SW -S3 ra) 15' 0401372 -01 Soil 09/10(04 15:20 09(13/04 09:05 EPA Lab ID: MN00063 upl unhrl thr III, onahyllml irporl Blew bc rep" 0u,rI'm I!, irnrVIA Page 5 of 1 I 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts! New Hope, M1 Work Order 4: 0401372 11001 Hampshire Ave. South Client Contact: Mr. ,leremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL. 04 -OS896 Account ID: BL2004 09/16/04 12:16 Conditions Upon Receipt Cooler: Cooler 41 Temperature: 6.7'C COC Included: Yes Custody Seals Used: No Custody Seals Intact: No Received on Ice: Yes Hand Delivered by Sampler: Yes Sufficient Sample Provided: Yes Headspace Present (VOC): No Preservation Confirmed: Yes Temperature Blank: No COC Complete: Yes COC & Labels Agree: Yes EPA Lab ID: MN00063 11111 rr,00n upp'i t'_rd in <icrnrd n, r 1' d/r ihr rrnl�alr unwm. !t+rs unult ?real repot/ must nr ns ritNrch. Page 6 of I I ' Y 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref. Former Bosa Donuts / New Hope. Ml Work Order 4: 0401372 11001 Hampshire Ave. South Client Contact: Mr. Jeremy ( nughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 N) Number: BL -04 -05890 Account ID: BL2004 09/16/04 12:16 SW -S3 (a�. 15' 0401372 -01 (Soil) 9/10/04 3:20 pm Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes %Solids 88 % Weight I B410171 9/14/04 9/14/04 ASTM D2216 Total Petroleum Hydrocarbons _ Analyte Result 'v7R1, Units Dilution Batch Prepared Analyzed Method Notes Benzene , 0.029 0.029 mg/kg dry 1 B410162 9/13/04 9/13/04 WI GRO (95) Ethylbenzene _ 0.029 mg/kg dry 1 B410162 9/13/04 9/13/04 WI GRO (95) m,p- Xylene 0.032 +1.029 mg/kg dry 1 B410162 - 9/13/04 9/13/04 Wl GRO (95) o- Xylene 0.029 0.029 mg/kg dry 1 B410162 9/13/04 9/13/04 WI GRO (95) Toluene < 0.029 0.029 mg/kg dry I 8410162 9/13/04 9/13/04 WI GRO (95) Surrogate: 4 -F('6 114'•." Limits: 80 -200% 8410162 2'1304 9 YVI GRO (95) Diesel Range Organics (DRO) M 10 mg /kg dry I B410209 9/14/04 9/15/04 WI DRO (95) Gasoline Range Organics (GRO) < 11 11 mg/kg dry I B410162 9/13/04 9/13/04 WI GRO (95) EPA Lab ID: MN00063 ortlr ru the ."mnt>h, unulr in uccordmr" uv+h tha• report fl � Page 7 of I I 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts / New Hope, MI Work Order #: 0401372 1 1001 Hampshire Ave. South Client Contact: Mr. Jeremy ( nughiin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 N) Number: BL -04 -05896 Account ID: BL2004 09/16/04 12:16 Classical Chemistry Parameters - Quality Control Batch B4I0171 - % Solids Method Blank (B410171 -BLK1) Analyte Result MRL % Solids 0000300 Standard Reference Material (B 410171 - SRM I ) Analyte Result MRL % Solids 57.2 Notes Notes EPA Lab ID: MN00063 ;: , u; rr ri4- Aell,7 pICSU,tU(,_C11 III lilt 11 I N; ;nr rnrut .d ru�h,� ;r d"011110 0. //'!' 01(d) nusI ur It, c;ucr'cm. Page 8 of I I Prepared & Analyzed: 09/14/04 Spike Source %REC RPD Units Level Result ".REC Limits RPD Limit ° .o Weight NA NA NA NA NA NA Prepared & Analyzed: 09/14/04 Spike Source %REC RPD Units Level Result 'oREC Limits RPD Limit °o Weight 88.8 NA 98? 90 -110 NA NA Notes Notes EPA Lab ID: MN00063 ;: , u; rr ri4- Aell,7 pICSU,tU(,_C11 III lilt 11 I N; ;nr rnrut .d ru�h,� ;r d"011110 0. //'!' 01(d) nusI ur It, c;ucr'cm. Page 8 of I I i i 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995-2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Dormer Bosa Donuts /New Hope, M1 Work Order #: 0401372 1100 1 Hampshire Ave. South Client Contact: Mr..leremv (uughltn Project Mgr: Thomas P. Wagner Date Reported: Bl oomington MN, 5-5438 PO Number: BL- 04- 0-5890 Account 1D: BL2004 09/16/04 12:16 Total Petroleum Hydrocarbons - Quality Control Batch B 4I0162 - WI GRO (95) Method Blank (B410162 -BLKI) Re:ull MRL Units Spike Level SOUrce Result Prepared & Analyzed: 09/13/04 °,'oREC Limits Analyte ReStlll MRL Units Spike Level Source Result " /oREC °oREC Limits RPD RPD Limit Notes Benzene 0.025 0.025 mg /kg NA NA NA NA NA NA Ethylbenzene 0.035 0.025 mg/kg NA NA NA NA NA NA m,p- Xylene ().025 0,025 mg /kg NA NA NA NA NA NA o- Xylene 0.035 0.025 mg /kg! NA NA NA NA NA NA Toluene 0.035 0,025 mg /kg NA NA NA NA NA NA Surrogate:4 - 1 -('R i6. /, NA u,4ml. 16.0 A"1 104 NO ng ml. Gasoline Range Organics (GRO) 10 10 mg /kg NA NA NA NA NA NA Laboratory Control Sample (B410162 - BSI) mg /kg 16.0 NA 103 80 -120 Prepared & Analyzed: 09/13/04 NA Analyte Re:ull MRL Units Spike Level SOUrce Result °.REC °,'oREC Limits RPD RPD Limit Notes Benzene 1 56 0 02; mg/k- 1.60 NA 975 80 -120 NA NA Ethylbenzene i.63 0,Q5 mg /kg 1.60 NA 102 80 -120 NA NA 111 31 ?4 0,025 mg /kg 3.20 NA 101 80 -120 NA NA o- Xylene 1.61 0.025 mg /kg 1,60 NA 101 80 -120 NA NA Toluene 1.61 0.025 mg /kg 1.60 NA 101 80 -120 NA NA Srur, cQate: 44 1;.3 ng ml. 16.0 N. i N;.1 fi0 -300 Gasoline Range Organics (GRO) 16.5 10 mg /kg 16.0 NA 103 80 -120 NA NA Laboratory Control Sample Duplicate (B410162 -BSD1) Prepared: 09/13,'04 Analyzed: 09/14/04 Analyte y Rcsuh MRL, Units Spike Level Source Result "oREC %oREC Limits RPD RPD Limit Notes Benzene I.50 0.025 mg /kg 1.60 NA 93.8 80 -120 3.92 20 Ethvlbenzene 1.57 0.035 ms"Ag L60 NA 98.1 80 -120 3.75 20 111 Xylene 3. 13 0.025 mgi1g, 3.20 NA 97.8 80 -120 3.45 20 o- Xylene 1 55 O.f)_'S mg /kg 1.60 NA 96.9 80 -120 3.80 20 Toluene 1.55 0.025 mg /kg 1.60 NA 96.9 80 -120 3.80 20 Surrogate: 4 -1-CR v q"' nr1. l(r.11 %l.4 NO.300 Gasoline Range Organics (GRO) 15,4 10 mg /kg 16.0 NA 96.2 80 -120 6.90 20 Batch B4IO209 - WI DRO (95) Method Blank (B410209 -BLKI) Prepared & :Analyzed: 09/14/04 Spike Source '�REC RPD Anakte Rcuilt MRL Units I.ccel Result 'AF-C Limits RPD Limit Notes Diesel Range Organics (DRO) 10 U mg /kg NA N,E NA NA NA NA ERk Lab ID: MN00063 h" r r,•ia, w dx, rv,r rr r 1 . ,, ,mh to III, srmrph's <nnrl,_rd n, m c,;rd1rat 1:11/1 rrr< "mw; „{ , n,t'a 11 ;I , cmui ur. i hr, anah uc(d report nrisI h�' rr;rro:lurrd n) it �;rrirrrr. Page 9 of I 1 1 1001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 - 995 -2020 Fax Braun Intertee- Bloomington tr'lient Rel. Former Boni Donuts / New Hope, Mt Work Order #: 0401372 11001 Hampshire Ave. South Cl ient Contact: Mr. Jeremy ( ouohfin Proiect Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PU Number: BL- 04- 05896 ACCOL111t 1D: BL2004 09/16/04 12:16 Total Petroleum Hydrocarbons -Quality Control Batch B4IO209 - W I DRO (95) Laboratory Control Sample (8410209-BS 1) Prepared & Analyzed: 09/14/04 Spike Source ;uREC RPD Analyte Result MRL. Units Level Result °oREC Limits RPD Limit Notes Diesel Range Organics (DRO) 27.9 10 mg /kg 32.0 NA 87? 70 -120 NA NA Laboratory Control Sample Duplicate (6410209 - BSDI) Prepared: 09/14/04 Analyzed: 09/15/04 Spike Source %REC RPD Analyte ReSnit MRL Units Level Result DREG Limits RPD Limit Notes Diesel Range Organics (DRO) 411g/kg 32.0 Nn 59.1 70 -130 2.13 20 EPA Lab ID:MN00063 'ahIhe ?ia w'�Ih 1rul rr / >uri nuui hr r"p: ill ,11/11: n. Page 10 of I I 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Rei': Former Bosa Donuts / New Hope.. M1 Work Order #: 0401372 11001 Hampshire Ave. South Client Contact: Mr..leremv C nughlin Proiect Mgr: Thomas P. Wagner Date Reported: Bl MN, 5 PO Number: BL -04 -05894 Account ID: BL2004 09/16/04 12:16 _ EPA Lab ID: MN00063 y r:lr,?n 11 Nu+ rapor! tqr / ' x11/1101/7, "unples ono r_ed in ocroalonrr 111/1 lhr Am; "j, 1nI"dj do, um"171. unal) o"d rehorl unul /It rprodm d n1 11, rnuren. Page I I of I 1 i 5 y i$ L r i 1" b f Mr. Jeremy Coughlin Braun Intertec - Bloomington 11001 Hampshire Ave. South Bloomington, MN 55438 RE: Former Bosa Donuts BL -04 -05896 Dear Mr. Jeremy Coughlin September 17, 2004 Work Order 4: 0401377 Braun Intertec Corporation received samples for the project identified above on 09/13/04 14:11. Analytical results are summarized in the following report. All routine quality assurance procedures were followed, unless otherwise noted. Analytical results are reported on an "as received" basis unless otherwise noted. Where possible, the samples will be retained by the laboratory for 14 days following issuance of the initial final report. The samples will be disposed of or returned at that time. Arrangements can be made for extended storage by contacting me at this time. We appreciate your decision to use Braun Intertec Corporation for this project. We are committed to being your vendor of choice to meet your anak tical chemistry needs. If you have any questions please contact me at the above phone number. Sincerely, Thomas P. Wagner Project Manager Providing en,iiaeering card ciwu•ons�renta! solutions since 1957 Certification /Accreditation Numbers Minnesota Depa7nmm�t of (lenith: 02 -117 Wi <,:onsin DNR: 99946200 NVLAP: 1021234 -0 AMA: 101103 Braun Intertec Corporation Phone: 952.995.2000 I 11001 Hompshire Avenue S Fax: 952.995.2020 Minneapolis, MN 55438 Web: brounintertec.com Page 1 of 1 I x 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun intertec- Bloomington Client Ref: Former Bosa Donuts Work Order #: 0401377 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr. Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/17/04 12:04 How to i ?se this Report In order to get the most out of the information presented in this report please refer to the following explanations as to how the data in this report is tied together and how some of the terms are defined. Qualifiers and Abbreviations are defined in the following section. You will find these codes used throughout the report in headers and in note sections to designate a unique fact about the data to which they are associated. The Case Narrative gives a story about the analysis and results. Here you will find greater elaboration on relevant qualifiers as well as an explanation of anything of particular note in the data. This is a discussion of the data in terms of quality control and chemistry. It is a summary of any deviations that could affect the usefulness of the data. Thi; is not an interpretation as to how this information relates to regulatory compliance. toxicity, or hazardous characterization. These items are beyond the scope of this report. The Sample Summary provides detail on sample receipt. The association between Client sample ID and the Laboratory sample ID are defined here:. this information is valuable to have when discussing results with your project manager. Sample collection and receipt dates and times are provided here as well. General notes regarding the work order are also documented here. This is a mini "case narrative" that describes any anomalies regarding the condition of the samples upon arrival to the laboratory or special circumstances regarding the work order. The Conditions Upon Receipt summarizes the results of specific checks that have been performed at sample receipt. This includes items like custody documentation, sample condition. and temperature at receipt. Each cooler" is identified and the conditions associated with that cooler are documented. A "cooler" is defined as the larger container used to transport the individual samples. In most cases this is a standard recreational cooler but it can be a box, plastic bag, or other container. The laboratory results are summarized in the following sections. Data is broken down into major categories for convenience. An example of such a category would be "Total Petroleum Hydrocarbons' Here you would find data that references the testing of such parameters as diesel range organics and gasoline range organics. Other categories are similarly mapped. The batch number is associated with each sample. This is important to evaluate Quality Control (QC) data. Surrogate results samples are provided with each sample. Laboratory control limits are provided for comparison (see below). The reference method is also identified. If a method is denoted with an "M" (e.g. EPA 1234(M)) this means that it has been modified. An explanation of the modification will be found in the Case Narrative. A result is given with appropriate units. If a soil sample is dry- weight corrected then the word "dry" will appear next to the units. I f the word "dry" does not appear then the result is "as received." The Method Reporting Limit (MRL) is provided. It is important to understand this term. The MRL is a level that has been empirically verified to provide reliable quantification of results. Results that are equal to or greater than this value will show up as bolded. They are considered "hits." if a result is less than the MRL, the result is given as less than the MRL (e ,. if the MRL = 10 then a less than would be given as "< 10 "). The Quality Control (QC) samples are documented in the following section. Here you will find the preparation batches associated with each sample from the results section. The sample preparation method is also defined here. Accuracy is represented in terms of a percent recovery as compared to a known value. Precision is represented as a relative percent difference between two duplicate sample aliquots. The laboratory control limits are provided as a means to evaluate the quality control data. If the result falls outside the laboratory control limits this simply means that it is outside what is typical for the laboratory and is noted accordingly. This does not mean that the data is invalid. Laboratory control limits are generally tighter than most program limits. This is a very important distinction. How the data is ultimately used determines its validity. Program requirements are defined in the Quality Assurance Pro ,iect Plan (QAPP) governing the project. If your project manager is aware of your specific program requirements then a note \\ ill be made in the case narrative if the data fails to meet any of these requirements. The last section contains copies of important documents and /or instrument printouts relevant to the report. This includes the chain of custody. 11 also may include items like chromatograms or spectra. Please note that this report is paginated and must be reproduced in its entirety. EPA Lab ID: MN00063 m Iht.+ report up/ =sr win to the sainple.c analv.ed rn ucc,wd me inr /r the rhInn u/ 01,11( 01 dncmnrm. 1/11A unult -drum nnrsr he reproc(uced m ire ewnr'. Page 2 of I I 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Work Order #: 0401377 1100I Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Thomas P. Wagner Date Reported: B MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/17/04 12:04 COC Chain of Custody dry Sample results reported on a dry weight basis MRL Method Reporting Limit NA Not Applicable ND Analyte NOT DETECTED NR Not Reported %Rec Percent Recovery RPD Relative Percent Difference VOC Volatile Organic Compound Qualifiers and Abbreviations EPA Lab ID: MN00063 iw 1 - r.euh1 nt /his report opyi'r only to the santple.cWWIY - ed in ocrordunce uv /h the <h, ul ,ewoe/I docuntew. /hic (ti ullIticcd report nuc r he ieproduc<d ni i/., rrIthvtV. Page 3 of 1 I I BRAUN I1001 Hampshire Ave. S. Bloomington, MN 55438 1P�' 952-995-2000 Phone R 1,,,,,4 952- 995 -2020 Fax EPA Lab ID: MN00063 I" ?" 1 -uh, in dii, repf'rl upp!i unly to dw sunlple.c uiaulv_ed m uccnrduncE^ �rrlh Ihr rGhun o(cu +/odh d'k li lelIt. r/ns unulvllca! repo! I list he repru I'm ee11n 11, CWIrell. Page 4 of 1 I 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Work Order #: 0401377 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/17/04 12:04 SAMPLE SUMMARY Sample ID Laboratory ID Matrix Date Sampled Date Received SW - N5 0401377 - 01 Soil 09/13/0411:10 09/13/0414:11 EPA Lab ID: MN00063 I') /Ire suntplcs nnulI -ed in crccnrdunrr u uh the wm o) �izelo�A' dnctrmrnl, l fu.e nnulyocal repo/ mast be reprodll ''d oI It. en1well'. Page 5 of i l 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun'Intertec- Bloomington Client Ref. Former Bosa Donuts Work Order #: 0401377 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 5 PO Number: BL -04 -05896 Account 1D: BL2004 09/17(04 12:04 EPA. Lab ID: MN00063 h. ut tht.N report up / -/r unlc to the sumplec unulr_rJ In accnrdonce Vruh the .bout of cr��nx /r fLorument. i hi.� onulvhcol report III nst he reprochrced in u., entire!: Page 6 of } 1 Conditions Upon Receipt Cooler: Cooler # 1 Temperature: 6.2 ° C Received on Ice: Yes Preservation Confirmed: Yes COC Included: Yes Hand Delivered by Sampler: Yes Temperature Blank: No Custody Seals Used: No Sufficient Sample Provided: Yes COC Complete: Yes Custody Seals Intact: No Headspace Present(`'OC): No COC & Labels Agree: Yes EPA. Lab ID: MN00063 h. ut tht.N report up / -/r unlc to the sumplec unulr_rJ In accnrdonce Vruh the .bout of cr��nx /r fLorument. i hi.� onulvhcol report III nst he reprochrced in u., entire!: Page 6 of } 1 Mo 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Work Order #: 0401377 1 1001 Hampshire Ave. South Client Contact: Mr. Jeremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL-04-05896 Account 1D: B1,2004 09/17/04 12:04 SW -N5 0401377 -01 (Soil) 9/13/04 11:10 am Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight I B410171 9/14/04 9/14/04 ASTM D22I6 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry 1 B410212 9/14/04 9/14/04 W1 GRO (95) Ethylbenzene < 0.029 0.029 mg/kg dry 1 8410212 9/14/04 9/14/04 WI GRO (95) m,p- Xylene < 0.029 0.029 mg /kg dry I B410212 9/14/04 9/14/04 W1 GRO (95) o- Xylene < 0.029 0.029 mg/kg dry 1 B410212 9/14/04 9/14/04 WI GRO (95) Toluene 0.029 0.029 mg/kg dry I B410212 9/14/04 9/14/04 WI GRO (95) Surrogate: 4 -FCB 86.9% Limits: 80 -209% B410213 914104 944104 WI GRO (95) Diesel Range Organics (DRO) < 1 I I I mg/kg dry 1 B410209 9/14/04 9/15104 WI DRO (95) Gasoline Range Organics (GRO) < I I I I mg/kg dry I B410212 9/14/04 9/14/04 WI GRO (95) EPA Lab ID: MN00063 in arcwalam c I' XI Ilx ¢nn �j rraa�dr docum , I n . /hr., analrltea/ repo 7 1711I.S1he Ivp "ducea M Ir, m?fIreI) Page 7 of 11 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax EPA Lab ID: NN00063 unh if) In uccurdcuice a iii; the I"['), /I doc.unrit. l6is ca it ilitic al report 11111.ct he rcprrulnced in Its entiretI. Page 8 of I I Classical Chemistry Parameters- Quality Control Batch B410171 - %Solids Braun intertee- Bloomington Client Ref: Former Bosa Donuts Work Order #: 0401377 11001 Hampshire Ave. South Client C ontact: Mr. Jeremy Coughlin Project 14Igr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/17/04 12:04 EPA Lab ID: NN00063 unh if) In uccurdcuice a iii; the I"['), /I doc.unrit. l6is ca it ilitic al report 11111.ct he rcprrulnced in Its entiretI. Page 8 of I I Classical Chemistry Parameters- Quality Control Batch B410171 - %Solids Method Blank (B410171 -BLK1) Prepared & Analyzed: 09/14104 Analyte Result MRL Units Spike Level Source Result %REC %REC Limits RPD RPD Limit Notes %Solids 0000300 % Weight NA NA NA NA NA 'NA Standard Reference Material (B410171 -SRMl) Prepared & Analyzed: 09114/04 Analyte Result MRL Units Spike Level Source Result %REC %'REC Limits RPD RPD Limit Notes % Solids 872 % Weight 88.8 NA 982 90 -110 NA NA EPA Lab ID: NN00063 unh if) In uccurdcuice a iii; the I"['), /I doc.unrit. l6is ca it ilitic al report 11111.ct he rcprrulnced in Its entiretI. Page 8 of I I 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Work Order #: 0401377 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/17/04 12:04 Total Petroleum Hydrocarbons - Quality Control Batch B4IO209 - W 1 DRO (95) Method Blank (B410209 -BLKI) Prepared & Analyzed: 09/14/04 Spike Source %REC RPD Analyte Result MRL Units Level Result ',oREC Limits RPD Limit Notes Diesel Range Organics (DRO) I0 10 mg/kg NA NA NA NA NA NA Laboratory Control Sample (B410209 - BSI) Prepared & Analyzed: 09/14/04 Spike Source %REC RPD Analyte Result MRL Units Level Result °.oREC Limits RPD Limit Notes Diesel Range Organics (DRO) 27.9 Ip mg /kg 32.0 NA 87.2 70 -120 NA NA Laboratory Control Sample Duplicate (B410209 - BSDI) Prepared: 09/14/04 Analyzed: 09/15/04 Spike Source %REC RPD Analyte Result MRL Units Level Result °oREC Limits RPD Limit Notes Diesel Range Organics (DRO) 285 10 mg /kg 32.0 NA 89.1 70- 120 2.13 20 Batch B410212 - WI GRO (95) Method Blank (B410212 -BLKI) Prepared & Analyzed: 09/14/04 Spike Source %REC RPD Analyte RCSUIt MRL Units Level Result %REC Limits RPD Limit Notes Benzene 0.025 0.025 mg /kg NA NA NA NA NA NA Ethylbenzene 0.025 0,025 mg /kg NA NA NA NA NA NA m,p- Xylene 0.025 0.025 mg/kg NA NA NA NA NA NA o- Xylene 0.025 0.025 mg /kg NA NA NA NA NA NA Toluene 0.025 0.025 mg /kg NA NA NA NA NA NA Surrogate: 4-1`03 1N.4 ii�q nrl. 16.0 AV 1 11 80 -200 Gasoline Range Organics (GRO) 10 10 mg, kg NA NA NA NA NA NA Laboratory Control Sample (B410212 - BSI) Prepared & Analyzed: 09/14/04 Spike Source ° /oREC RPD Analyte Result MRL Units Level Result °oREC Limits RPD Limit Notes Benzene 1.62 0,025 mg /kg 1.60 NA 101 80 -120 NA NA Ethylbenzene 1,69 0.025 mg /kg 1.60 NA 106 80 -120 NA NA m,p- Xylene 3.37 0.025 mg /kg 3.20 NA 105 80 -120 NA NA o- Xylene 1.66 0.025 mg, , `kg 1.60 NA 104 80 -I20 NA NA Toluene 1,68 0.025 mg /kg 1.60 NA 105 80 -120 NA NA Surrogate: 4 -FC8 1 ng ur1. 16.0 1 "4 M.1 SO -200 Gasoline Range Organics (GRO) 16.4 10 mg /kg 16.0 NA 102 80 -120 NA NA EPA Lab ID: NIN00063 !n this report upl = only to thc vwwles unulv_ed in ucon-dante itah Ilie �`a > rru1 o /,1110,'1 d, 'cument. llu.e entulPHL l report must he reprodurr<t H its etun•etI Page 9 of 11 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts Work Order #: 0401377 1 1001 Hampshire Ave. South Client Contact: Mr. Jeremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/17/04 12:04 Total Petroleum Hydrocarbons - Quality Control Batch B4IO212 - W I G RO (95) Laboratory Control Sample Duplicate (B410212 -BSDI) Prepared: 09/14/04 .Analyzed: 09/15/04 Spike Source %REC RPD Analyte ReSLIt MRL Units Level Result %REC Limits RPD Limit Notes Benzene 1.44 0.025 mg/kg 1.60 NA 90.0 80 -120 11.8 20 Ethylbenzene 1.51 0.025 mg /kg 1.60 NA 94.4 80 -120 11.2 20 m,p- Xylene 2.99 0.025 mg /kg 3,20 NA 93.4 80 -120 11.9 20 o- Xylene 1.51 0.025 mg/kg 1.60 NA 94.4 80 -120 9.46 20 Toluene 1.49 0,025 mg /kg 1.60 NA 93.1 80- 120 12.0 20 Surrogute: 4-1 12.9 ngnrl. 16.0 N,a 80.6 80 -200 Gasoline Range Organics (GRO) 14.1 10 mg /kg 16.0 NA 88.1 80 -120 15.1 20 EPA Lab ID: N N00063 il" resultv ra chr.i ngrort up /,h ndv to the somplea unulu_ed in occur/ €racer �i ii r ihr a / I Wady dncrmirnr, l hr" oaolwlea/ report maid he reproduced rn a5 . rraT1 Page 10 of I I BRAUN INTERTEC 11001 Hampshire Ave. S. Bloomington, MN 55438 952-995-2000 Phone 952-995-2020 Fax Braun Intertec-Bloomington Client Ref Former Bosa Donuts Work Order #: 0401377 11001 Hampshire Ave. South Client Contact: Mr. Jeremv(.()L1-hfin Project Mgr Thomas P. Wagner Date Reported: r Bloomington MN, 55438 1 Number: BL-04-05896 Account ID: BL2004 09/17/04 12:04 BRAUN INT� RE0 FOR t A il,)RATORY ANAL,YriCAL S IVICES 7 L EPA Lab ID: MN00063 01i' '."'Ilk, in fill, I"' tl?e inall lica/ n1porl mlol Page 1 1 of I I Y Mr. Jeremy Coughlin Braun Intertec - Bloomington 11001 Hampshire Ave. South Bloomington, MN 55438 RE: Former Bosa Donuts / New Hope, MN BL -04 -05896 Dear Mr. Jeremy Coughlin Braun Intertac Corporation Phone: 952.995.2000 1100 1 Hampshire Avenue S Fax: 952.995.2020 Minneapolis, MN 55435 1 Web: braunintertec.com September 22, 2004 Work Order 4: 0401373 Braun Intertec Corporation received samples for the project identified above on 09/13/04 09:05. Analytical results are summarized in the following report. All routine quality assurance procedures were followed, unless otherwise noted. Analytical results are reported on an "as received" basis unless otherwise noted. Where possible, the samples will be retained by the laboratory for 14 days following issuance of the initial final report. The samples will be disposed of or returned at that time. Arrangements can be made for extended storage by contacting me at this time. We appreciate your decision to use Braun Intertec Corporation for this project. We are committed to being your vendor of choice to meet your analytical chemistry needs. If you have any questions please contact me at the above phone number. Sincerely, r, i, i Thomas P. Wagner Project Manager Providing engineering and environmental solutions sine, 1957 Certification /Accreditation Numbers t` (( MinnesotaDeparmm�tofIlealth- u_ 1773 -I I; Wiw;onsinDNR: 99946 2640 NVLAP: 1031334-0 AIHA: 101103 ( l Page 1 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Imertec- Bloomington Client Ref: Former Bosa Donuts /New Hope, MI Work Order #: 0401373 11001 Hampshire Ave. South Client Contact: Ivor. Jeremy Coughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account iD: BL2004 09/22/04 08:17 How to Use this Report In order to get the most out of the information presented in this report please refer to the following explanations as to how the data in this report is tied together and-how some of the terms are defined. Qualifiers and Abbreviations are defined in the following section. You will find these codes used throughout the report in headers and in note sections to designate a unique fact about the data to which they are associated. The Case Narrative gives a "story " about the analysis and results. Here you will find greater elaboration on relevant qualifiers as well as an explanation of anything of particular note in the data. - This is a discussion of the data in terms of quality control and chemistry. It is a summary of any deviations that could affect the usefulness of the data. This is not an interpretation as to how this information relates" to regulatory compliance. toxicity, or hazardous characterization. These items are beyond the scope of this report. The Sample Summary provides detail on sample receipt. The association between Client sample ID and the Laboratory sample iD are defined here: this information is valuable to have when discussing results with your project manager. Sample collection and receipt dates and times are provided here as well. General notes regarding the work order are also documented here. This is a mini "case narrative" that describes any anomalies regarding the condition of the samples upon arrival to the laboratory or special circumstances regarding the work order. The Conditions Upon Receipt summarizes the results of specific checks that have been performed at sample receipt. This includes items like custody documentation, sample condition. and temperature at receipt Each "cooler" is identified and the conditions associated with that cooler are documented. A "cooler' is defined as the lareer container used to transport the individual samples. In most cases this is a standard recreational cooler but it can be a box, plastic bag, or other container. The laboratory results` are summarized in the following sections. Data is broken down into major categories for convenience. An example of such a category= would be "Total Petroleum Hydrocarbons." Here cou would find data that references the testing of such parameters as diesel range organics and gasoline range organics. Other categories are similarly mapped. The batch number is associated with each sample. This is important to evaluate Quality Control (QC) data. Surrogate results samples are provided with each sample. Laboratory control limits are provided for comparison (see below). The reference method is also identified. If a method is denoted with an °M" (e.g. EPA 1234(M)) this means that it has been modified. An explanation of the modification will be foimd in the Case Narrative. A result is given with appropriate units. If a soil sample is dry - weight corrected then the word `"dry" will appear next to the units. 1fthe word "dry" does not appear then the result is "as received." The Method Reporting Limit (MRL) is provided. it is important to understand this term. The MRL is a level that has been empirically verified tc provide reliable quantification of results. Results that are equal w or greater than this value will show up as bolded. They are considered 'hits." I1 a result is less than the MRL, the result is given as less than the MRL (c g. if the MRL = 10 then a less than would be given as - 10 "). The Quality Control (QC) samples are documented in the following section. Here you will find the preparation batches associated with each sample from the results section. The sample preparation method is also defined here. Accuracy is represented in terms of a percent recovery as compared to a known value. Precision is represented as a relative percent difference between two duplicate sample aliquots. The laboratory control limits are provided as a means to evaluate the quality control data. if the result falls outside the laboratory control limits this simply mean; that it is outside what is typical for the laboratory and is noted accordingly. This does not mean that the data is invalid. Laboratory control limits are generally tighter than most program limits. This is a very important distinction. How the data is ultimately used determines its validity. Program requirements are defined in the Quality Assurance Project Plan (QAPP) governing the project. If your project manager is aware of your specific program requirements then a note xN ill be made in the case narrative if the data fails to meet any of these requirements. The last section contains copies of important documents and /or instrument printouts relevant to the report. This includes the chain of custody. it also may include items like chromatograms or spectra. Please note that this report is paginated and must be reproduced in its entirety. EPA Lab ID: MN00063 /'l:, ar (/;as report qy wily to the .samples unulp_ed in ucrurdan," mth the rh,un n/ iccpuh do, lonenl. lhr.s uncrl}-r1WI repnrt must he repraChax -d far dw cnrireh. Page 2 of 13 1h 11001 Hampshire Ave. S. Bloomington, MN 55438 952 -995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts /New Hope, M1 Work Order #: 0401373 11001 Hampshire Ave. South CI lent Contact: Mr..leremv t oughlin Project Mar: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account 1 D: BL2004 09/22/04 08:17 Qualifiers and Abbreviations COC Chain of Custody dry Sample results reported on a dry weight basis MRL Method Reporting Limit NA Not Applicable ND Analyte NOT DETECTED NR Not Reported %Rec Percent Recovery RPD Relative Percent Difference VOC Volatile Organic Compound EPA Lab ID: MN00063 Ow resuftc In 111t, reporr uphh onl) to the rumples cwali ed in accordance it the "hcm "l, it,/ ... 11 hnt- ulem. r lu, unulyficul r"port nur.st he reproduced ur ue railhrh. Page 3 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax EPA Lab ID: MN00063 h;- ri-,11/1., It 1hr., report up /% on1j u, IIle s unple auruh_e<I i1141'v"rd'I)I,C 1 +11/1 the rh<rru n(ctulr ,A r'ncamwn. l iris urel {rtIcul report nuw he rrprod?" rn 1/1 rnli " Page 4 of 13 SAMPLE SUMMARY Braun Intertec- Bloomington Client Ref: Former Bosa Donuts /New Hope, MI Work Order #: 0401373 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/22/04 08:17 EPA Lab ID: MN00063 h;- ri-,11/1., It 1hr., report up /% on1j u, IIle s unple auruh_e<I i1141'v"rd'I)I,C 1 +11/1 the rh<rru n(ctulr ,A r'ncamwn. l iris urel {rtIcul report nuw he rrprod?" rn 1/1 rnli " Page 4 of 13 SAMPLE SUMMARY Sample ID Laboratory ID Matrix Date Sampled Date Received B15 (a 19.5' 0401373 -01 Soil 09/10/04 14:00 09/13/04 09:05 B16@ 19.5' 0401373 -02 Soil 09/10/0414:20 09/13/0409:05 B17 ,cc 19.5' 0401373 -03 Soil 09/10/04 14:40 09/13104 09 :05 B18 ci} 19.5' 0401373 -04 Soil 09/10/04 15'00 09/13/0409 :05 EPA Lab ID: MN00063 h;- ri-,11/1., It 1hr., report up /% on1j u, IIle s unple auruh_e<I i1141'v"rd'I)I,C 1 +11/1 the rh<rru n(ctulr ,A r'ncamwn. l iris urel {rtIcul report nuw he rrprod?" rn 1/1 rnli " Page 4 of 13 11001 Hampshire Ave. S. Bloomington, lVlN 55438 952- 995 -2000 Phone 952 - 995 -2020 Fax Braun Intertee- Bloomington Client Ref: Former Bosa Donuts / New Hope, MI Work Order #: 0401373 11001 Hampshire Ave. South Client Contact: Mr. ,ieremy c uughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/22/04 08:17 Cooler: Cooler fl l Temperature: 6,7 ° C COC Included: Yes Custody Seals Used: No Custody Seals Intact: No Conditions Upon Receipt Received on Ice: Yes Hand Delivered by Sampler: Yes Sufficient Sample Provided: Yes Headspace Present (VOC): No Preservation Confirmed: Yes Temperature Blank: No COC Complete: Yes COC & Labels Agree: Yes EPA Lab ID: MN00063 I, I'm/11, l;7IIU., reporl up; h 101heNuni/)les uauh_ed 112 uce 0)d(U re Ii 11h the ,hum',," cu +lonl I;S,erinn °121. I ;I I-' MR // rep"; 1 12111,11 ha reproduced ut ire enlfry r. Page 5 of 13 E 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun tntertec- Bloomington Client Ref: Former Bosa Donuts /New Hope, MT Work Order 4: 0401373 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: B1. -04 -05896 Account ID: BL2004 09/22/04 08:17 B15 @ 19.5' 0401373 -01 (Soil) 9/10/04 14:00 Classical Chemistry Parameters Analyte Result VIRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 87 % Weight I B410265 9/20/04 9/21/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result y1RL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry I B410235 9/15/04 9/15/04 WI GRO (95) Ethylbenzene <0.029 0.029 mg/kg dry 1 B410235 9/15/04 9/15/04 Wi GRO (95) m,p- Xylene <0.029 0029 mg/kg dry I B410235 9/15/04 9/15/04 Wi GRO (95) o- Xylene 0.029 0.029 mg/kg dry 1 8410235 9/15/04 9/15/04 WI GRO (95) Toluene <0.029 0029 mg/kg dry I B410235 9/15/04 9/15/04 WI GRO (95) Surrogate: 4 - FCB 93.8% Limits: 80 -200% 8410235 9'15'04 9.15104 Y61 GRO (95) Diesel Range Organics (DRO) < 9.6 9.6 mg/kg dry 1 B410246 9/17/04 9/21/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I B410235 9/15/04 9/15/04 WI GRO (95) EPA Lab ID: MN00063 hr r« +IiUs Nr [Ill r.q)0r1 n1711 011lr trr [hr sunry?l0.c uncrircrd l!7 [tCIM,14InCC inch dw �.iunn nJ ruwm<!r doemn"11/. l hic anuirhecrl rrrurl must he rLpm,fia,d in h., cni,rett Page 6 of 13 x 1f' 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts /New Hope, MI Work Order #: 0401373 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/22/04 08:17 B16 @ 19.5' 0401373 -02 (Soil) 9/10/04 14:20 Classical Chemistry Parameters Analyte - Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 86 % Weight I B410265 9/20/04 9/21/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene <: 0.029 0.029 mg/kg dry I B410235 9/15/04 9/16/04 WI GRO (95) Ethylbenzene < 0.029 0.029 mg/kg dry 1 B410235 9/15/04 9/16/04 WI GRO (95) m,p- Xylene < 0.029 0029 mg/kg dry 1 B410235 9/15/04 9/16/04 WI GRO (95) o- Xylene -0.029 0.029 mg/kg dry 1 B410235 9/15/04 9/16/04 WI GRO (95) Toluene < 0.029 0.029 mg/kg dry I B410235 9/15/04 9/16/04 WI GRO (95) Surrogate: 4 -FCB 102% Limits: 89 -200% B410235 91 9116104 WI GRO (95) Diesel Range Organics (DRO) < 9,4 9.4 mg/kg dry 1 B410246 9/17/04 9/21/04 WI DRO (95) Gasoline Range Organics (GRO) <- 12 12 mg/kg dry 1 B410235 9/15/04 9/16/04 WI GRO (95) EPA Lab 1D: MN00063 in 1/�" rrpurt "M 'I unit' ro the saunples [076(11 :cd in etccurduuc f ,wh the rt;;rn n/ 111,1, 1 dncrnne nL l hI, urudnticul report must he reproduced in its enurett'. Page 7 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts /New Hope, M1 Work Order #: 0401373 11001 Hampshire Ave. South Client Contact: Mr. Jeremy t. oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number. BL -04 -05896 Account ID: BL2004 09/22/04 08:17 B 17 (a_ 19.5' 0401373 -03 (Soil) 9/10/04 14:40 Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analyzed Method Notes % Solids 85 % Weight I B410265 9/20/04 9/21/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result \1RL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry 1 B410235 9/15/04 9/16/04 Wl GRO (95) Ethylbenzene : 0.029 0.029 mg/kg dry 1 B410235 9/15/04 9/16/04 Wl GRO (95) m,p- Xylene < 0.029 0.029 mg/kg dry I B410235 9/15/04 9/16/04 Wl GRO (95) o- Xylene ,,. 0.029 0.029 mg/kg dry 1 B410235 9/15/04 9/16/04 WI GRO (95) Toluene <0.029 0.029 mglkgdry l B410235 9/15/04 9/16/04 WI GRO (95) Surrogate: 4 -FCB 93.8% Limits: 80 -200% 8410235 915 916104 W1 GRO (95) Diesel Range Organics (DRO) <, 9.9 9.9 mg/kg dry 1 B410246 9/17/04 9/21/04 Wl DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I B410235 9/15/04 9/16/04 WI GRO (95) EPA Lab ID: MN00063 I reudr, I r du., repurr app II only ro the,umpies unuir_cd ur OCCUr<I4117,V a Ith Ibe 11, 11n ui , two, I I/11" n/. /h I, unu/vncal repf)rr MILS/ h ryirodaca /rn 11 e rnln•eA Page 8 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts/ New Hope, MI Work Order 4: 0401373 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PG Number. BL -04- 05896 Account ID: BL2004 09/22/04 08:17 B18 @ 19.5' 0401373 -04 (Soil) 9/10/04 15:00 Classical Chemistry Parameters Analyte- Result MRL Units Dilution Batch Prepared Analyzed Method - Notes % Solids 85 % Weight I B410265 9/20/04 9/21104 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry I B410235 9/15/04 9/16/04 WI GRO (95) Ethylbenzene - 0.029 0.029 mg/kg dry I B410235 9/15/04 9/16/04 WI GRO (95) m,p- Xylene < 0.029 0.029 mg/kg dry 1 B410235 9/15104 9/16/04 WI GRO (95) o- Xylene < 0.029 0.029 mg/kg dry I B410235 9/15/04 9/16/04 WI GRO (95) Toluene < 0.029 0.029 mg/kg dry 1 B410235 9/15/04 9/16/04 W1 GRO (95) Surrogate: 4 -FCB 104% Limits: 80 -200% B410235 9 %15 %04 9116104 WI GRO (95) Diesel Range Organics (DRO) < 9.5 9.5 mg/kg dry I B410246 9/17/04 9/21/04 WI DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I B410235 9/15/04 9/16/04 WI GRO (95) EPA Lab ID: MN00063 only lu the suml�le_a unultred u1 ucrorduncc irnh the /.I r 'h"m ell/. IIlia anuYlieul report gnus[ he reprodurcd m N.c rrrnre -ir. Page 9 of 13 BRAUN 11001 Hampshire Ave. S. Batch B4IO265 - % Solids Bloomington, MN 55438 Method Blank (B4IO265- BLK1) 952- 995 -2000 Phone Prepared: 09/20104 Analyzed: 09/21/04 952 -995 -2020 Fax EPA Lab ID: MN00063 he r'• *;r/tc nr IhIi" report '/p/ /',, unlc to the .salnpin unuhred in accurdcwcr t I/h t /re hucn n/ IW,,,ll ducrnnrnl. 1 in, anulineeit sport must be IvIn- educed in it -c enIIreh. Page 10 of 13 Classical Chemistry Parameters - Quality Control Batch B4IO265 - % Solids Method Blank (B4IO265- BLK1) Prepared: 09/20104 Analyzed: 09/21/04 Spike Source %REC RPD Analyte Result MRL Units Level Result °oREC Limits RPD Limit Notes Solids ('1000 100 % Weight NA NA NA NA NA NA Standard Reference Material (B410265- SRNII) Prepared: 09/220/04 Analyzed: 09/21/04 Spike Source %REC RPD Analyte ReSidt MRL Units Level Result '.REC Limits RPD Limit Notes % Solids 86.5 % Weight 88.8 NA 97.4 90 -110 NA NA EPA Lab ID: MN00063 he r'• *;r/tc nr IhIi" report '/p/ /',, unlc to the .salnpin unuhred in accurdcwcr t I/h t /re hucn n/ IW,,,ll ducrnnrnl. 1 in, anulineeit sport must be IvIn- educed in it -c enIIreh. Page 10 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client ReP: Former Bosa Donuts /New Hope, MI Work Order #: 0401373 1100 1 Hampshire Ave: South C'l ient Contact: Mr. Jeremy t_ oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/22/04 08:17 Total Petroleum Hydrocarbons - Quality Control Batch B4IO235 - WI GRO (95)` Method Blank (B410235-BLKI) Prepared & Analyzed: 09/15/04 Batch B4IO246 - WI DRO (95) Method Blank (B410246 -BLKI) Prepared: 09/17,"04 .Analyzed: 09/20/04 Analyte Diesel Range Organics (DRO) EPA Lab ID: MN00063 Result MRL Units 1 10 ing /kg Spike Source %REC RPD Level Result °oREC Limits RPD Limit NA NA NA NA NA NA the re�trll.� m 1171, report 11171, !t onlr to the" .ecuiqVes o led s'led in uc(orthau'e uvlh the rh'W1 "J rrntrnlr docunrcv?r.: hi.v unulriiccd re/>or� un�st hr r< °prnducr�! m us entirrit. Notes Page 11 of 13 Spike Source aoREC RPD Analyte Result MRL Units Level Result °oREC Limits RPD Limit Notes Benzene 0.025 0.025 mg/Ig NA NA NA NA ; NA NA Ethylbenzene 0.025 0.025 mg/kg NA NA NA NA ` NA NA m,p- Xylene 0.025 0.025 mg/kg NA NA NA NA NA - NA o- Xylene 0:025- 0.0 mg/kg NA NA NA NA - NA NA Toluene 0,025 0.025 mg/kg NA NA NA NA - -NA NA Surrogate 4 -1-'(•B 15.2 ngmt. 16.0 ,V.-1 95.0 80 - 200 Gasoline Range Organics (GRO) 10 10 nig /kg NA NA NA NA NA NA Laboratory Control Sample (B410235 - BSI) Prepared & Analyzed: 09/15/04 Spike Source %REC RPD Analyte Result MRL Units Level Result ".oREC Limits RPD Limit Notes Benzene 1.54 0.025 mg /kg 1.60 NA 962 80 -120 NA NA Ethylbenzene 1.62 0.025 mg/kg 1.60 NA 101 80 -120 NA NA m,p- Xylene 3.22 0.025 mgAg 3.20 NA 101 80 -120 NA NA o- Xylene 1.61 0.025 mg /kg 1.60 NA 101 80 -120 NA NA Toluene 1.60 0.025 ntgfkg 1.60 NA 100 80 -120 NA NA Surrogate :4 -F('R 13.1 ngmL 16.0 NA X1.9 80 -200 Gasoline Range Organics (GRO) 15.3 10 mg /kg 16.0 NA 95.6 80 -120 NA NA Laboratory Control Sample Duplicate (B410235 - BSDI) Prepared: 09/15/04 .Analyzed: 09/16/04 Analyte Result MRL Units Spike Level Source Result "oREC %REC Limits RPD RPD Limit Notes Benzene 1.53 0,025 ntg/kg 1.60 NA 95.6 80 -120 0.651 20 Ethylbenzene 159 0.025 ntg!kg L60 NA 99.4 80 -120 1.87 20 m,p- Xylene 3.14 0.025 mg /kg 3.20 NA 98.1 80- 120 152 20 o- Xylene 1.58 0.025 mg/kg 1.60 NA 98.8 80 -120 1.88 20 Toluene 158 0.025 mg/kg 1.60 NA 98.8 80 -120 1.26 20 Surrogute: 4 -1 13.1 ng ml. 16.0 ' 81.9 80 -200 Gasoline Range Organics (GRO) 14.6 10 mg /kg 16.0 NA 912 80 -120 4.68 20 Batch B4IO246 - WI DRO (95) Method Blank (B410246 -BLKI) Prepared: 09/17,"04 .Analyzed: 09/20/04 Analyte Diesel Range Organics (DRO) EPA Lab ID: MN00063 Result MRL Units 1 10 ing /kg Spike Source %REC RPD Level Result °oREC Limits RPD Limit NA NA NA NA NA NA the re�trll.� m 1171, report 11171, !t onlr to the" .ecuiqVes o led s'led in uc(orthau'e uvlh the rh'W1 "J rrntrnlr docunrcv?r.: hi.v unulriiccd re/>or� un�st hr r< °prnducr�! m us entirrit. Notes Page 11 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts / New Hope, MI Work Order #: 0401373 11001 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Proicet Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/22/04 08:17 Total Petroleum Hydrocarbons - Quality Control Batch B4IO246 - W l DRO (9.5) Method Blank (B410246 -BLK2) Prepared: 09/17/04 .Analyzed: 09/20/04 Spike Source " /oREC RPD Analyte Result MRL Units Level Result °oREC Limits RPD Limit Notes Diesel Range Organics (DRO) 1 10 10 mg/kg NA NA NA NA NA NA Laboratory Control Sample (B410246 -BS1) Prepared: 09/17/04 .Analyzed: 09/20/04 Spike Source %REC RPD Analyte Result MRL Units Level Result °oREC Limits RPD Limit Notes Diesel Range Organics (DRO) 33.3 10 mg/kg 32.0 NA 104 70 -120 NA NA Laboratory Control Sample (B410246 - BS2) Prepared: 09/17/04 .Analyzed: 09/20/04 Spike Source %REC RPD Analyte Result MRL Units Level Result %REC Limits RPD Limit Notes Diesel Range Organics (DRO) 33.0 10 mg /kg 33.0 NA 103 . 70 -120 NA NA Laboratory Control Sample Duplicate (B410246 - BSD1) Prepared: 09/17/04 .Analyzed: 09/21/04 Spike Source %REC RPD Analyte Result MRL Units Level Result °oREC Limits RPD Limit Notes Diesel Range Organics (DRO) 34.8 10 mg/kg 32.0 NA 109 70 -120 4.41 20 Laboratory Control Sample Duplicate (B410246 - BSD2) Prepared: 09/17;04 Analyzed: 09/21/04 Spike Source %REC RPD Analyte Result MRL Units Level Result °oREC Limits RPD Limit Notes Diesel Range Organics (DRO) 32.8 10 rng /kg 32.0 NA 102 70 -120 0.608 20 EPA Lab ID: MN00063 /he I, lilt , ui IAIec repor/ u/ ' It nn/p to the momple.s arault_ed m tic cm- lim/ce it uh the "�anII n /`rm /udr ducutirent. f fiis cmulrtiea! report must he reprudu"rd u1 it, eaiuren'. Page 12 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952 -995 -2020 Fax Braun Intertee - Bloomington Client Ref: Former Bosa Donuts / New Hope, MI Work Order #: 0401373 11001 Hampshire Ave. South Client Contact: Mr. Jeremy (. c >ughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/22/04 08:17 BRAUN INTERTEC b �,� FOIJES, f. FOR, i J` "ORATORY �� . , 9,.., �, � 1"IAS TICAL SF WICES r� ,wn t� E1 11n1p Te Cts 9 y t ry r a m w y ry ,a. r iAl" 4 #, C _ EPA Lab ID: MN0006 3 77rr r ecaly ut rhrz report apj err wrlr to dte .curnple.v 1, ah the Maur; c,/ crr�lndr ducsnu-nr. caurlr/Ical rgporl rrmsl he r v"e"nted rr+ cnurrh. _.;iii Page 13 of 13 INTERTEC Mr. Jeremy Coughlin - Braun Intertec - Bloomington I 100 Hampshire Ave. South Bloomington, MN 55438 Braun Intertec Corporation ( Phone: 952.995.2000 11001 Hampshire Avenue S Fax: 952.995.2020 Minneapolis, MN 55438 Web: brounintertec.corn September 23, 2004 Work Order 4: 0401391 RE: Former Bosa Donuts, New Hope BL -04 -05896 Dear Mr. Jeremy Coughlin Braun Intertec Corporation received samples for the project identified above on 09/14104 11:29. Analytical results are summarized in the following report. All routine quality assurance procedures were followed, unless otherwise noted. Analytical results are reported on an "as received" basis unless otherwise noted. Where possible, the samples will be retained by the laboratory for 14 days following issuance of the initial final report. The samples will be disposed of or returned at that time. Arrangements can be made for extended storage by contacting me at this time. We appreciate your decision to use Braun Intertec Corporation for this project. We are committed to being your vendor of choice to meet your analytical chemistry needs. If you have any questions please contact me at the above phone number. Sincerely, Thomas P. Wagner Project Manager Providing engineering and environmental solutions since 1957 Certification/Accreditation Numbers Minnesota Depailment of Healih 02 %Vi- , onsin DNR: 999462640 NVL.AP: 1021234 -0 AIHA: 101103 Page 1 of 13 m J;L ;F 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref Fonner Bosa Donuts, New Hope Work Order #: 0401391 1100 1 Hampshire Ave. South Client Contact: Mr. Jeremy Coughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/23/04 16:12 How to tlse this Report In order to get the most out of the information presented in this report please refer to the following explanations as to how the data in this report is tied together and how some of the terms are defined. Qualifiers and Abbreviations are defined in the following section. You will find these codes used throughout the report in headers and in note sections to designate a unique fact about the data to which they are associated. The Case Narrative gives a "story"' about the analysis and results. Here you will find greater elaboration on relevant qualifiers as well as an explanation of anything of particular note in the data. This is a discussion of the data in terms of quality control and chemistry. It is a summary of any deviations that could affect the usefulness of the data. This is not an interpretation as to how this information relates to regulatory compliance. toxicity, or hazardous characterization. These items are beyond the scope of this report, The Sample Summary provides detail on sample receipt. The association between Client sample ID and the Laboratory sample ID are defined here: this information is valuable to have when discussing results with your project manager. Sample collection and receipt dates and times are provided here as well. General notes regarding the work order are also documented here. This is a mini case narrative" that describes any anomalies regarding the condition of the samples upon arrival to the laboratory or special circumstances regarding the work order. The Conditions Upon Receipt summarizes the results of specific checks that have been performed at sample receipt. This includes items like custody documentation, sample condition, and temperature at receipt. Each "cooler" is identified and the conditions associated with that cooler are documented. A "cooler" is defined as the lamer container used to transport the individual samples. In most cases this is a standard recreational cooler but it can be a box, plastic bag, or other container. The laboratory results are summarized in the following sections. Data is broken down into major categories for convenience. An example of such a category would be "Total Petroleum l lydrocarbons." Here you would find data that references the testing of such parameters as diesel range organics and gasoline range organics. Other categories are similarly mapped. The batch number is associated with each sample. This is important to evaluate Quality Control (QC) data. Surrogate results samples are provided with each sample. Laboratory control limits are provided for comparison (see below). The reference method is also identified. If a method is denoted with an "M" (e.g. EPA 1234(M)) this means that it has been modified. An explanation of the modification will be found in the Case Narrative. A result is given with appropriate units. If a soil sample is dry- weight corrected then the word "'dry " will appear next to the units. I f the word "dry" does not appear then the result is "as received." The Method Reporting Limit (MRL) is provided. It is important to understand this term. The MRL is a level that has been empirically verified to provide reliable quantification of results. Results that are equal to or greater than this value will show up as bolded. 'f "hey are considered "hits." li a result is less than the MRL, the result is given as less than the MRL (e g. if the MRL = 10 then a less than would be given as "< 10'"1. The Quality Control (QC) samples are documented in the following section. Here you will find the preparation batches associated with each sample from the results section. The sample preparation method is also defined here. Accuracy is represented in terms of a percent recovery as compared to a known value. Precision is represented as a relative percent difference between two duplicate sample aliquots. The laboratory control limits are provided as a means to evaluate the quality control data. If the result falls outside the laboratory control limits this simply means that it is outside what is typical for the laboratory and is noted accordingly. This does not mean that the data is invalid. Laboratory control limits are generally tighter than most program limits. This is a very important distinction. How the data is ultimately used determines its validity. Program requirements are defined in the Quality Assurance Project Plan (QAPP) governing the project. if your project manager is aware of your specific program requirements then a note kill be made in the case narrative if the data fails to meet any of these requirements. The last section contains copies of important documents and /or instrument printouts relevant to the report. This includes the chain of custody. 11 also may include items like chromatograms or spectra. Please note that this report is paginated and must be reproduced in its entirety. EPA Lab ID: MN00063 I he rrw /t. m this report app/ r' only trr t/w.eartup/e.r unulr_ed ht accordcuur 1r1Jh the h"I'l f rP,todc dnrunnvv. lhi" unuhvfcul reporl Inns/ he reprodarrd rn it rnt,reh'. Page 2 or 13 r � � 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts, New Hope Work Order #: 0401391 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C uughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/23/04 16:12 Qualifiers and Abbreviations ht The sample weight does not meet the minimum weight requirements established in the method. CDC Chain of Custody dry Sample results reported on a dry height basis MRL Method Reporting Limit NA Not Applicable ND Analyte NOT DETECTED NR Not Reported %Ree Percent Recovery RPD Relative Percent Difference VOC Volatile Organic Compound EPA Lab 1D: MN00063 l il, r: .uila rn 1h1e report up/ -!r wrlr to the .. +urIrplee un(11Y lw uceordnorr 1'1/11 /he k,uo u/ rrnIo,II dneanneni. l!!i., analt'ficul report nn 7 he reproduced 111 11.1 eJIue![ Page 3 of 13 A 016k,; 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun lntertec- Bloomington Client Ref: Former Bosa Donuts, New Hope Work Order #: 0401391 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/23/04 16:12 SIMPLE SUMMARY EPA Lab ID: MN00063 i7:. , re,idl, nr 1hi, repm-1 apply onl a, ui accordhorcr it [he e`rwu nJ If'hhh 1l11cmnent. hl, unu /1'lical rgnwl mio/ he reprn(111, c l n) its enirrrm. Page 4 of 13 Sample ID Laboratory ID Matrix Date Sampled Date Received Bas Confirmation #19 0401391 -01 Soil 09/13/04 13:00 09/14/04 11:29 Bas Confirmation #20 0401391 -02 Soil 09/13/04 14:00 09/14/04 11:29 Sidewall E -1 0401391 -03 Soil 09/14/04 10:10 09/14/04 11:29 Sidewall E -2 0401391 -04 Soil 09/14/04 10:15 09/14/04 11:29 EPA Lab ID: MN00063 i7:. , re,idl, nr 1hi, repm-1 apply onl a, ui accordhorcr it [he e`rwu nJ If'hhh 1l11cmnent. hl, unu /1'lical rgnwl mio/ he reprn(111, c l n) its enirrrm. Page 4 of 13 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts, New Hope Work Order #: 0401391 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C oughlm Project Mgr: Thomas P. Wagoer Date Reported: Bloomington MN, 55438 PO Number: BL -04- 05896 Account ID: BL2004 09/23/04 16:12 Conditions Upon Receipt Cooler: Cooler 41 Temperature: 8.3 "C COC Included: Yes Custody Seals Used: No Custody Seals Intact: No Received on Ice: Yes Hand Delivered by Sampler: No Sufficient Sample Provided: Yes Fleadspace Present (VOC): No Preservation Confirmed: Yes Temperature Blank: No COC Complete: Yes COC & Labels Agree: Yes EPA Lab ID: MN 00063 l'), r1 ,, ui;, n1 1;11, report <shl h 011/1 m the amples mm /r_ed 1n , a cordan, c �ru,'i dr, rhr /I duc+unenl. / ht, tiliuh'lical repnrl )1111,1 b" reprodllrccl n1 c1., entll'Lli Page 5 of 13 f Y li 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts, New Hope Work Order #: 0401391 1 1001 Hampshire Ave. South Client Contact: Mr..leremy t. oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN, 55438 PO Number: BL -04 -05896 Account ID: BL2004 09/23/04 16:12 Bas Confirmation #19 0401391 -01 (Soil) 9/13/04 13:00 Classical Chemistry Parameters Analyte Result v1RL Units Dilution Batch Prepared Analyzed Method Notes % Solids 85 % Weight 1 B410266 9/20/04 9/21/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte Result MRL Units Dilution Batch Prepared Analyzed Method Notes Benzene < 0.029 0.029 mg/kg dry I B410257 9/17/04 9/17/04 Wl GRO (95) Ethylbenzene < 0.029 0.029 mg/kg dry I B410257 9/17/04 9/17/04 Wl GRO (95) m,p- Xylene < 0.029 0.029 mg/kg dry I B410257 9/17/04 9/17/04 WI GRO (95) o- Xylene < 0.029 0.029 mg/kg dry 1 B410257 9/17/04 9/17/04 WI GRO (95) Toluenes 0.029 0.029 mg/kg dry I 8410257 9/17/04 9117/04 WI GRO (95) Surrogate: 4 -FCB 165 % Limits: 80 -200% 8410257 9 17 04 9,1 b04 WI GRO (95) Diesel Range Organics (DRO) < I I 14 mg/kg dry I B410314 9/21/04 9/22/04 Wl DRO (95) Gasoline Range Organics (GRO) < 12 12 mg/kg dry I 8410257 9/17/04 9/17/04 WI GRO (95) EPA Lab ID: MN00063 w dus "urlr In the .cmnplc.s uiwl in u..rnrdmrcr vvh the . h�rru 1r/ coNruh dueuurrnt. : hl,< <muh'tical re/71u9 must 111 1171 entur'Ir. Page 6 of 13 BRAUN 11001 Hampshire Ave. S. Bas Confirmation #20 Bloomington, MN 55438 E 952- 995 -2000 Phone R tk..,,, C 952 -995-2020 Fax EPA Lab ID: MN00063 !1Ir re,aii, nr this repm-t ul; r� on/vi, the samples untlli_,tl in accor'dmrr a uh d;e � '`'l In I ,,/ c u</I d „ c7unetu. i hi+ (it tulrtiCal report In list he reprttdurc-d m rrc t Page 7 of 13 Bas Confirmation #20 0401391 -02 (Soil) 9/13/04 14:00 Classical Chemistry Parameters Anahle Result MRL Units Dilution Batch Prepared Analyzed Method Notes` % Solids 87 % Weight I B410266 9/20/04 9/21/04 ASTM D2216 Total Petroleum Hydrocarbons Analyte' Result MRL'' Units Dilution Batch Prepared Analyzed Method Notes ` Benzene 0.032 0.032 mg/kg dry 1 B410257 9/17/04 9/17/04 WI GRO (95) Ethylbenzene < 0.032 0.032 mg/kg dry 1 B410257 9/17/04 9/17/04 Wl GRO (95) m p- Xylene - 0.032 mg/kg dry I B410257 9/17/04 9/17/04 Wl GRO (95) o- Xylene < 0.032 0.032 mg/kg dry 1 B410257 9/17/04 9/17/04 WI GRO (95) Toluene c 0.032 0.032 mg/kg dry I B410257 9/17/04 9/17/04 WI GRO (95) Surrogate: 4 -G'C'B 92.5 % Limits: 80 -200% B410257 9 04 9117104 W1 GRO (95) Diesel Range Organics (DRO) < 13 13 mg/kg dry 1 B410314 9/21/04 9/21/04 WI DRO (95) ht Gasoline Range Organics (GRO) 13 13 mg/kg dry I B410257 9/17/04 9/17/04 WI GRO (95) EPA Lab ID: MN00063 !1Ir re,aii, nr this repm-t ul; r� on/vi, the samples untlli_,tl in accor'dmrr a uh d;e � '`'l In I ,,/ c u</I d „ c7unetu. i hi+ (it tulrtiCal report In list he reprttdurc-d m rrc t Page 7 of 13 � I II 11001 Hampshire Ave. S. Bloomington, MN 55438 952- 995 -2000 Phone 952- 995 -2020 Fax Braun Intertec- Bloomington Client Ref: Former Bosa Donuts. New Hope Work Order #: 0401391 11001 Hampshire Ave. South Client Contact: Mr. Jeremy C oughlin Project Mgr: Thomas P. Wagner Date Reported: Bloomington MN. 55438 PO Number: BL- 04- 0589( Account ID: BL2004 "09/23/04 16:12 Sidewall E -1 0401391 -03 (Soil) 9/14/04 10:10 Classical Chemistry Parameters Analvte Result MRL Units Dilution Batch Prepared Analvzed Method Notes % Solids 87 % Weight I B410266 9/20/04 9/21/04 ASTM D2216 Total Petroleum Hydrocarbons Analvte Result MRL Units Dilution Batch Prepared Analvzed Meth d N Benzene < 0.029 0.029 mg/kg dry I 8410257 9/17/04 9/17/04 0 otes Wl GRO (95) Ethylbenzene < 0.029 0.029 mg/kg dry I B410257 9/17/04 9/17/04 Wl GRO (95) m,p- Xylene - 0.029 mg/kg dry l B410257 9. 9/17/04 W1 GRO (95) o- Xylene < 0.029 0.029 me/kg dry 1 B410257 9/17/04 9/17/04 WI GRO (95) Toluene : 0.029 0.029 mg/kg dry l 8410257 9/17/04 9/17/04 WI GRO (95) Surrogate: 4 -FCB Ss.8 % .Limits: 80 -200% B410257 9/17 04 9 YVI GRO (95) Diesel Range Organics (DRO) --9.4 9.4 mg/k dry I B410314 9/21/04 9/22/04 WI DRO (95) Gasoline Range Organics (GRO) < I I 11 mg/kg dry I B410257 9/17/04 9/17/04 WI GRO (95) EPA Lab ID: MN00063 h,' rr,rdl., I llti, rep " =r al"'. 1 1 "1141 10 the "Inlplee Kit ,11,1- al m uccelydullce 11116 d¢ rhtun 11f I Im"dr I/.. rrly. /1u1 ulrc+lt11cul report mu.sl /7r reprodli"!d in rr, rn /1rC1r. Page 8 of 13 NEON M-01 GORDON L. JENSEN' CLARISSA M. KLUG GLEN A. NORTON AMY E. PAPENHAUSEN STEVEN A.SONDRALL ARIC T. STIENESSEN STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association JENSEN & SONDRALL, P.A. Attorneys At .Law April 17, 2006 Joseph G. Maternowski, Esq. Moss & Barnett, P.A. 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 -4129 8525 E6IN9ROOK`tR6SSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAx (763) 493 -5193 e -mail law @jensen- sondrall.com Re: City of New Hope /New Hope EDA Reimbursement Claim against UNOCAL Our File No.: 99.11323 Dear Joe: Enclosed are two signed Agreements To Toll Statute Of Limitations we discussed. Very truly yours, Steven A. Sondrall, New Hope City Attorney JENSEN & SONDRALL, P.A. sas@jensen-sondrall.com Direct Dial- (763)201 -0211 Enclosure(s) cc: Dan Donahue, New Hope City Manager P: \Attorney \SAS \i Client Files\2 City of New Hope \99 -1 l323(Unocal)\ltr -003 J. Maternowski re SL tolling agreement.doc AGREEMENT TO TOLL STATUTE OF LIMITATIONS This Agreement to Toll Statute of Limitations ( "Agreement ") is entered into effective April , 2006 (the "Effective Date "), by and between the City of New Hope ( "City "), New Hope Economic Development Authority ( "EDA ") (collectively, "City ") and Unocal Corporation ( "Unocal ") and its successor and assigns (collectively, "Company "). RECITALS WHEREAS, City asserts that it has claims against Company arising out of the ownership and operation of a gasoline filling station located at 5550 Winnetka Avenue, New Hope, Minnesota, as set forth more fully in a letter dated March 8, 2006 from City Attorney Joseph G. Maternowski to Company (the "Tolled Claims "), WHEREAS, Company has asserted defenses to City's claims; WHEREAS, City and Company are involved in settlement negotiations that may resolve their existing differences and disputes without the necessity for commencing legal action; WHEREAS, City and Company believe it would be in their best interest to defer the commencement of legal action by City against Company until these negotiations with each other are completed; and WHEREAS, each party is willing to delay commencement of legal action related to any claims City may assert against Company and to agree that such delay should not result in prejudice to City under any applicable statutory, contractual, equitable, or other time limitations or time requirements that might apply to the period for commencing legal action on such claims. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth below, it is agreed as follows: 870245v2 -Laser rAA 104 4UJ QI2JJ JENSEN & SONDRALL, P.A. -3 CNH -CH 2002 A torneys At Law DOUGLAS J. DEBNER GORDON L. JENSW CLARISSA M. KLUG GLEN A. NORTON STEVEN A.SONDRALL STACY A. WOODS September 18, 2006 OF COUNSEL LORENS Q. DRYNESTAD Dan Donahue New Hope City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Resolution Calling For a CIosed Meeting 5550 Winnetka Avenue Reimbursement Claim Against Unocal /Chevron Our File No.: 99.11323 Dear Dan: CONFIDENTIAL /PROTECTED ATTORNEY FORK PRODUCT Attached is a Resolution Calling For A Closed Meeting Of the New Hope City Council for the September 25, 2006 City Council agenda.. It relates to our reimbursement claim against Unocal /Chevron for our clean up of contaminated soil at 5550 Winnetka. Also attached are the following documents for discussion at the closed meeting: I . September 14, 2006 Moss & Barnett letter to Unocal /Chevron with attachments, 2. draft copy of Summons and Complaint. Basically, we are still waiting for a response from Unocal /Chevron to our initial $547,000.00 reimbursement demand for the soil clean up we were required to do at 5550 Winnetka. I believe Joe Maternowski's September 14` letter has outlined in detail why we believe our request is legitimate. It also sets out the various legal claims the City has for reimbursement supported by the draft Complaint in the event Unocal /Chevron continues to stonewall our request for a response to our reimbursement claim. To date we have supplied Unocal /Chevron with all the information we possibly can in support of our claim. It is now time for'Unocal /Chevron to make a decision as to whether they will discusi a reasonable settlement proposal. If they fail to give us an indication they are willing to discuss a reasonable settlement, our only course of action will be to pursue our litigation remedy by serving the attached Complaint on Unocal /Chevron. The purposes for the closed meeting is to bring the Council up to date on the settlement discussions, answers their questions and obtain their input and request their authorization to incur 'Rcal Propcny Law additional legal fees necessary for the continued prosecution of this case either by settlement or Specialiat Certified Ely litigation. At the February 27, 2006 meeting the Council approved retaining the law firm of Moss The at Arr Association Stsrr & Barnett to handle this matter on behalf of the City. I indicated to the Council at that time that ssio 'Admitted in Iowa Moss & Barnett had the specialized expertise necessary to litigate this kind of specialized case. The Council approved a $4,000.00 expenditure to allow Moss & Barnett to investigate our claim $525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MwN>rsOTA 55443 -1969 TELEPHONE (763) 424 -8sl1$ TELnFAx (763) 4935193 e -mail law @jensen- sondrall.com Writer's Direct Dial No.; (763) 201 -0211 e -mall sas @jettsen- sondrall.com (Closed meeting to be held on 9/25/06 following regular meeting) 09/18/2006 19:49 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH 1&03 September 18, 2006 Page 2 and advise us if it was worthwhile to pursue a reimbursement action against Unocal. At our April 10, 2006 meeting attorney Joe Maternowski of Moss & Barnett provided his report (see April 4, 2006 Memorandum also enclosed) regarding our potential claim against Unocal /Chevron, Based on this report, we recommended to the Council we move forward with our claim. An additional $10,000.00 legal fee expenditure was approved by the Council at the April 10' meeting. This fee authorization was necessary to continue settlement negotiations with Unocal/Chevron including the preparation of a Statute of Limitations Tolling Agreement and the preparation of a Complaint in the event settlement discussions were unsuccessful. These goals have been accomplished but to date, we have exhausted the April tO' fee authorization. It is my recommendation we approve an additional $10,000.00 for the purpose of either obtaining a settlement or serving and prosecuting a law suit against Unocal /Chevron. If we cannot obtain a negotiated settlement and litigation is necessary, it is highly probable the attorneys' fees in this case will be exorbitant. Procedurally, do not make this Ietter or the other attached documents part of the regular agenda packet. This letter and attachments are protected as confidential attorney work product under the attorney- client privilege. However, the resolution calling for the closed meeting needs to be an agenda item for the regular meeting. Place it under section 10 of the regular agenda relating to "Ordinances and Resolutions ". Have the Council pass this resolution at their regular meeting and then finish their meeting. After adjournment of the regular meeting, and the EDA meeting if we have one, the closed meeting is then called to order as a separate meeting from the regular City Council meeting. Very truly yours, Steven A. Sondrall, JENSEN & SONDRALL, P.A. sas@jensen-sondrall.com Direct Dial - (763 )201 -0211 Enclosures cc: Kirk McDonald Valerie Leone PAAdomey \SAS \I Chem Files \2 City d New 14ope \99 -1 l323(Ungenl)\lrr, p, Nnallue N Calling For second closed meeting.doc V0 /1d /GUV0 1M:49 1°AA 163 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH u� September 14, 2006 VIA E -MAIL and U.S. MAIL Mr. Tearle W.T. Harlan Chevron U.S.A. Inc. Law Department, 1500 Louisiana Street, 36th Floor P.O. box 4844 Houston, TX 77210 Re: City of New Hope v. Chevron /Unocal Matter SETTLEMENT C OMMUNICATION PURSUANT TO RULE OF EVIDENCE 408 — FOR PU SETTLEMENT O NLY Dear Mr. Harlan: This letter is to follow-up our Thursday, August 31, 2006, telephone conference related to the former Unocal site located at 5550 Winnetka Avenue, New Hope, Minnesota. We appreciate having the opportunity to discuss issues related to the cleanup of the former Unocal site. We share your client's interest in working together to attempt to resolve this matter through a settlement without resorting to costly and protracted litigation. During our call you asked for information or clarification as to several matters. We also discussed the City's potential claims against Unocal /Chevron and agreed to provide case law in support of these claims. Role of the Ryland Group. First, you asked us to clarify the relationship between the City of New Hope and the Ryland Group. In March of 2004 the New Hope Economic Development Authority entered into a redevelopment contract with the Ryland Group. Ryland constructed town homes on the site and contiguous properties. The town homes have been conveyed to private parties. The City of New Hope Attempts to Obtain Reimbursement. The second issue you raised related to efforts on the part of the City of New Hope to seek reimbursement for the cleanup of the petroleum contamination. You mentioned that in October 30, 2000 correspondence, counsel for the City of New Hope advised Unocal that it would investigate and cleanup contaminated soils and seek reimbursement from the State of Minnesota for investigation and cleanup costs In the October 30, 2000 letter, New Hope's counsel put Unocal on notice that the City'would be seeking reimbursement for any unreimbursed monies. In October, 2000, the City of New Hope believed that It was eligible for reimbursement from the State of Minnesota's Petrofund, which provides for reimbursement of up to 90% of the costs of investigation and cleanup. Enclosed please find September 26, 2000, correspondence in which the Minnesota Pollution Control Agency (MPCA) advised the City that it was eligible for reimbursement from the Petrofund. As discussed below, it later became apparent that Petrofund reimbursement was not available for the 5550 Winnetka Avenue property. X800 WFI 1. FARrr) C'1 =LITER I 9rt C +' -nom+ MI--ii, MKI crnni "/ lvi 9 -vvv .Lv - JU rAA ! OJ 4VJ DIIIJ Mr. Tearle W.T. Harlan September 14, 2006 Page 2 JENSEN & SONDRALL, P.A. 4 CNH -CH 2007 Moss & Barnett In the fall of 2000, the City's environmental consultant determined that the MPCA had previously opened a file on the Unocal site, the underground petroleum storage tanks had been removed and Unocal had previously conducted an investigation of conditions at the site. On June 18, 1990 the MPCA issued a closure letter to Unocal, a copy of which is enclosed. Based on information that was available at that time, the MPCA advised Unocal that further investigation and cleanup was not required. However, the MPCA specifically reserved the right to "require additional work if in the future more work is determined to be necessary, and this letter does not release any party from liability for this contamination." (Emphasis added.) In the fall of 2000, after the MPCA discovered that a leak site file had been opened and subsequently closed, the MPCA closed its newly opened leak file. Nonetheless, the MPCA directed the City to proceed with work at the site under approved MPCA guidance. The November 2, 2000 Quick Memorandum, a copy of which is enclosed, stated that the MPCA °`requires that ... 1. excavated petroleum contaminated soil must be treated in accordance with MPCA guidelines. " ( Emphasis added.) As discussed during the conference call, the City proceeded to follow the guidelines issued by the MPCA, including guidance that mandates that petroleum impacted soils at both residential and commercial /industrial sites be remedlated to levels of less than 10 ppm, The Development Response Action Plan and the Development Response Action Plan Implementation Report, both of which were prepared in 2004 and have been previously provided to you, document the City's compliance with MPCA guidelines. The City learned that because an investigation of the petroleum release had previously been conducted by Unocal and the tanks had been removed from the site, the 5550 Winnetka Avenue site was no longer eligible for Petrofund reimbursement. The City proceeded to apply for other grant assistance from the State of Minnesota. In the fall of 2004, the City fled applications with the Minnesota Department of Employment and Economic Development (DEED) seeking $390,420, and with the Metropolitan Council seeking $67,672, respectively. The DEED program provides for 75% of the cost of cleanup including sites with petroleum releases that are not eligible for Petrofund reimbursement. The Metropolitan Council program is designed to provide a portion of the local match required for the DEED grant. Unfortunately, the 5550 Winnetka Avenue site was ranked last in a list of eligible projects in 2004. The City of New Hope's attempts to obtain funding from either DEED or the Metropolitan Council were unsuccessful. DEED does not produce a written report summarizing funding. The Metropolitan Council issued a report summarizing its decision not to fund the 5550 Winnetka Avenue site. A copy of the Metropolitan Council's report is enclosed. Potential Claims. You also Inquired regarding the City of New Hope's potential claims against Unocal, The City has claims against Unocal pursuant to Minnesota Statutes and under Minnesota common law. Statutory claims include nuisance, Petroleum Tank Release Cleanup Act — Minn. Stat. Chapter 115C, duty to notify and recover — Minn. Stat. § 115.061, and discharge into unsaturated zone — Minn, Rule Part 7060.0600, At least one Minnesota state court has recognized an implied private cause of action under Minn. Stat. Chapter 115C — the Petroleum Tank Release Cleanup Act, See Johnston v. Mobil OW Corp., Anoka County, Minnesota, Court File No. C7 -92 -9943. VZJ /16 /ZUU0 1M:5U MA YUJ 4VJ 5183 Mr. Tearle W.T. Harlan September 14, 2006 Page 3 JENSEN & SONDRALL, P.A. 4 CNH -CH 16008 Moss t Barnett Minnesota law also recognizes common law claims by a landowner against a prior landowner arising out of the prior landowner's pollution. For example, in Union Pacific R.R. Co. v. Reilly Industries, Inc., 4 F.Supp.2d 860 (D. Minn. 1998) the court allowed Union Pacific's claims of nuisance, trespass, strict liability and waste against the prior landowner who polluted the property to survive summary judgment and proceed to the jury. Similarly, in Kennedy Building Associates v. Viacom, Inc., 375 F.3d 781 (8 Cir. 2004), the district court allowed Kennedy Building Associates' claims of nuisance, negligence and strict liability to survive summary judgment and proceed to the jury. Although the jury's award under strict liability was reversed on appeal', it Is notable that the jury awarded damages in favor of plaintiff in the amount of $225,000 in compensatory damages and $5 million in punitive damages. In Union Pacific, the jury awarded $600,392.64 in compensatory damages. These verdicts indicate Minnesota juries' willingness to compensate property owners who suffer a loss at the hands of a prior owner who polluted their property. We are confident that we will enjoy similar success. We understand that you will share this information with your client and meet to discuss a response to the City of New Hope's demand. As I mentioned during our telephone conference, we have been asked to periodically report back to the New Hope City Council on the progress of our ongoing discussions with you. Although the City Council has voiced concerns about the pace of our discussions, we remain optimistic that we can find a mutually acceptable means of resolving this matter. We note that the Tolling Agreement will expire in October 2006. We expect to hear back from you soon. Please advise us as to the status of your internal discussions. We would like to present a proposal to the City of New Hope in the very near future. Sincerely, 3o eph C. aternowski Att rney At Law 61 - 877 -5286 . EnviroAttorney. net JGM /cag Enclosure 917660v1 'Although the Eighth Circuit reversed the entry of judgment on strict liability, the court noted that the Minnesota Supreme Court has not conclusively ruled on the Issue. Thus, because federal Interpretations of state law are not binding on the state, the City's strict liability claim remains cognizable under Minnesota law, UU/18 /zUU6 19:50 FAX 763 493 5193 tt► September 26, 2000 JENSEN & SONDRALL. P.A. 4 CNH - CH X1009 R r 1 Mr. Kirk McDonald. City of New Hope 4401 Xylon Avenue North New Hope, MN 5 54 28 RE: Petroleum Storage Tanis Release Investigation find Correetive Art ion Site: Former Winchetl DcAut, 5550 Winnetke Avenue Nortb, New Hope Site ID#; LEAK00013632 Dear Mr. McDonald: The Minnesota Pollution Control Agency (MPCA) has been informed that s release of petroleum has occurred frornstorage tank facilities [bat were previously located on your property. We further understand that you have volunteered to take corrective actions to address this release. We app reciate your assistance in this matter. The putpose of this letter is to expja; your e ligibility for Pe rofund t reimburserncrat and to out"ne the actions that the MPCA staff requests that you taker. Federal and state laws require that persons legally responsible for stora res legally responsible ge tank releases Notify the MPCA oFthe p n sible ble f i f gat-- the release, and Glean up tho.relcasc,'if necessary. A person is considered onor a tank release if the person awned or operated the tank, either during or after the release, unless specifically exempted under the law, Although you are not legally responsible for the releas you }told legal or equitable title to the property where the release occurred, and raaythermfote voltutteer to take corrective action. Responsible 6rsons p and volunteers who take cotrective action racy be eligible for reimbursement for a major portico of the costs of corrective action. The legislature tins established the petraleum Tattle Release Cleagtip A ccount to reimburse responsible persons and volunteers, The account is administered by the Petrofund staff, which is part of tbo Minnesota Dapartrncut of Ctitntttt:ruc, Final decisions ragarding the amount of reimbursement are matte by the Petro Hoard, All questions about eligibility and reimbursement should be directed to the Petrofurtd stsfF 651/297 - 1119 or 1/800 638 - 0418, The MPCA staff is requesting you to taker the stops necessary to investigate and, If necessa the release is accordance with they enclosed MPCA fact sheets. The first step is a site investigation t P define rbe full extent and magnitude ofthe soil and/or A report (excavation grflund water contamination caused by the release - report and/or remedial investigstioalcorrective action design (RUCAD)) which details the results of the investigation or concludes that excavation should be submitted to this o Wss suf jcieTtt to clean up the release office wlthirx 10 m on t hs Ofthe date of this letter. Please refer to MPCA fact sheets for information pertaining to the amount of work needed At Petroleum release sites, 520 Lafayette Rd. N.; 5t. Paul, MN , 55155.418,; (651) 296_63Q0 (Voice), (651) 29 51- PAW . 6rarnerd + Oetrall Lakes • putuln ■ Mankato • Marshall 2•&332 (� Euuar 09parlundy Et+ipjapr . prift1#0 on recycled oeper cantgrmnq at least 20R nw, a ' o WW W pcB-3tate.mn,us Y edbyr_onsumen- 09/18/2006 19:50 FAX 763 493 5193 hjr_ Kirk McDonald September 26, 2-000 Page 2 JENSEN & SONDRALL, P.A. 4 CNH -CH 2010 Sites with free product (free floating petroleum), drinking water supply impacts, surface water impact. indoor petroleum vapor impacts, fire or explosion hazards, or ground water impacts which pose a significant threat to pilblic healtb or the environment, are considered ,high priority for staff review. if one or more of these situations apply to your site. ®tt RUCAD report must be submitted within 90 days, 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 XMMR,DIATELy 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 Petrofund that has experience in conducting petroleum release site investigations and in proposing and implementing appropriate corrcciive actions. The consulting firm you hire must be registered with the Petrofund. A list of registered contractors and consultants 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 Kinn. R. 289t1(Supp. 1997), you must solicit a minimum of two competitive proposals an a form prescribed by the Petrofund to ensure that the consulting costs ure reasonable. Questions about bidding requirements should be directed to Petrofund staff Please tell us whether you intend to comply witb the above requirements within 30 days_ The enclosed fact sheets will you with the ittfornWion necess2LTy to ramplete a successful investigation and cleanup. Ifyou have any questions concerning this letter or need additional information, please contact meat 651/297-9591. Please reference the above LEAK # in all correspondence. Sincerely, y Jclil Abdella Project Manager Site Remediation Section Metro District AA:smm Enclosures cc: Valerie Leone, New lJope City Clerk Dave Jaeger, Hennepin County Solid Waste Officer Andy Craig, Nortbem Environmental ubila/GUUO IV:aU rAA 103 4VJ 51VJ June 18,.1990 Hr. X.E. Purtell Unocal Corporation 1650 East Gulf Road Schaumburg, Illinois 60196 Dear Mr. Purtell: RE: Petroleum Tank Release Site Closure Site: Bosa Donuts, 5550 Winnetka Avenue, New Hope Site ID #: LEAK00000538 The Minnesota Pollution Control Agency (MPCA) staff has determined that the cleanup performed in response to the petroleum tank release at the site referenced above has- adequately addressed the petroleum contamination, and therefore the file regarding this release will be closed. On April 28, 19B8, a petroleum tank release was reported to the MPCA. Since then, Unocal Corporation has taken the following corrective action in response to the release: 1. Fourteen soil-borings were advanced to 11 to 71 feet below grade; retrieved soils were monitored with an IiNu. 2. Samples were collected at zones of highest contamination and analyzed for benzene, toluene, ethyl benzene, xxylenes, total hydrocarbons as gasoline and methyl tertiary butyl ether. These compounds were detected at relatively low levels. 3. A ground penetrating radar survey was conducted at the site to determine if the petroleum tanks that were the original source of the release had been removed_ The results of the survey suggest that the tanks and lines had been removed. The degree of contamination at the site appears to be minor, and geologic conditions at the site Will act to retard migration of the petroleum - related contaminants. Ground eater, which vas encountered at 62.5 feet below grade, is sufficiently deep to be at little or no risk of contamination. Based on the currently available information, we believe these actions have adequately addressed the petroleum tank release. Therefore, MPCA staff does not intend to require any more investigation or cleanup work in response to this release. However, the MPCA reserves the right to reopen this file and require additional work if in the future more work is determined to be necessary, and this letter does not release any party from liability for this contamination. JENSEN & SONDRALL, P.A. 4 CNH -CH Regional Offices: Duluth • 13rainon9 . n -a—z.. _. FrnMI f b., s.._,. 09/18/2006 19:50 FAX 763 493 5193 Mr. J.E.- Purtell Page 2 June 18, 1990 JENSEN & SONDRALL, P.A. 4 CNH-CH I ) Because you performed the requested work, the state may reimburse you for a Major portion of your costs. The Petroleum Ta Release Cleanup Act establishes a fund which in certain circumstances provides?part ial reimbursement for petroleum tank release cleanup costs. This fund Is administered by the Petroleum'Tank Release Compensation Board (Petio Board).. More specific -eligibility rules are available from the PetrolBoard (612/297-4017). =14 Thank you for your cooperation with the MPCA i responding to this petroleum tank release to protect the public health and �he environment of the state of Minnesota. if you have any questions regardin this correspondence, please call . me at 6121643-3431. Sincerely, Rob Livermore Project Leader Tanks and Spills Section Haza'rdous Waste Division RL;kra CC: Robert DeGroot', STS Consultants, Ltd., Mi Carol*R. Carlson, City Administrator, New Hope Douglas Smith, Fire Chief, New Hope Greg Lie, Hennepin County Solid Waste Officer UU /16/ZUUb 1a:5U FAX 753 493 5193 JENSEN & SONDRALL, P.A. CNH -CH QUICK MEMORANDUM FORM MINNESOTA POLLUTION CONTROL .AGENCY'" 520 Lafayette Ro d North St. Paul, Minnesota 55155 -4194 Telephone (612) 96 - 6300 Date: November, 2, 2000 TO: Mr. Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55425 FROM: relil Abdella —741— Project Manager Site Remediation Section Metro District Phone Number. 651/297 - 8581 SUBJECT: Former Winchell Donut, 5550 Winnetl It has come to the attention of the Minnesota Pollutior referenced above was once a leaksite. This old leaksitc received by the Minnesota State Duty Officer on SeptE Hope is developing the site. In the process ofthis dev� Environmental discovered the presence of petroleum W CA requires that: 1. excavated petroleum contaminated soil must be tr . guidelines 2. it should be assumed that petroleum contarninatio I , Petroleum contamination is encountered during fu should be notified immmediately, Also, if free prod should be no development activity, the MPCA staff M IA 0 7 Avenue, New Hope. Old leaksite # 538 Control agency staff that the site file was closed in 1990. Information nber 15, 2000 shows that the city of New lopment, their consultant Diversified intarninated soil. In light of this, the in accordance with the MPCA may still be present. If a different re development work, the MPCA staff 't orpetroleum vapor results from the ified immediately At this point, the MPCA does not intend to open the of leak file. However, we suggest that you contact the MPCA's VPIC program to detem:d ne the ri k to public health and the environment. Meanwhile, the MPCA, shall delete the leak # 13632, ( hich was previously assigned to this site by error. This informal'way of responding to you saves us the time and expense of Preparing a formal letter_ Thank you for your interest, and please contact �s if we can help you further or you have questions on this matter. copy 1- addressee cop 2 -site file vuilai`uuo 1r1:0v I'AA Y 483 5183 JENSEN & SONDRALL, P.A. C Community Development Committee date: January 3, 2006 Date: December 17, 2004 Subject: Tax Base Revitalization Account Funding District(s), Member(s); All PolicylLegal Reference: Livable Communities Act, Minnesota Statutes 473.75 Staff Prepared/Presented: Kristina Smitten, Senior Planner, 651/662 -1535 Division /Department: Hou sing & Livable Communitie /Community npvPinn Executive Summary Item: 2005 -06 Today's action: Recommend approval to the Metropolitan Council. (Note: If action should be deferred, the item would not be returned for consideration until January 31, 2005.)• (W ..._ That the Metropolitan Council award Tax Base Revitalization Account (TBRA) grants as ,follows: Issue(s) Overview and Funding. The recommended proposals are each consistent with and implement the 2030'Regional ,Development Framework and the Metropolitan Livable Communities Act. They carry out Council policy to work with local communities to accommodate growth in a flexible, connected and efficient manner. They are all redevelopment proposals, and therefore strategies for the communities are particularly applicable. The gram evaluation process, rankings, criteria and site details are explaitied in the attachments. 4 CNH -CH 2014 Funding for TBRA grants comes from a levy capped at $5,000,000. The amount ofmoney available each year is generally slightly Iarger than the levy amount. In 2004, TBRA funds total $5.6 million. The additional funds come from two sources: 1) balances from great projects either completed under budget or, occasionally, relinquished by grantees whose projects were unable to proceed; and 2) interest credited to the account during the previous year. Uai15/GUU5 19:51 FAA 763 493 5193 JENSEN & SONDRALL, P.A. i CNH -CH Z015 Significant accomplishments are anticipated from current and previous funding. * TBRA award details are aggregated to show total program accomplishments. Response to TBRA Program nA for fall cycle from TBR.A, levy, interest and fumed back funds: ,per, The Council issued a notice that grant funds were available and held an applicant workshop collaboratively with the Department of Employment and Economic Development (DEED) and the MN Pollution Control Agency (MPCA) in August. Eighteen applications were submitted this fall. The amount requested totaled $4,157,432, which is 67 percent more than is available. The Livable Communities Act requires that no more than three quarters of the TBRA funding be awarded to cities of the first class (Minneapolis, St. Paul, Bloomington), In this round, Minneapolis and St. Paul are recommended to receive 54 percent ($1,507,227). One Bloomington project (Lyndale Green) is not recommended for funding. Recommended grants to suburban applicants total 46 percent of available funding ($1,292,773). The Livable Communities Act also prohibits awarding more than half of the available funding to a single city if the eligible requests for funding exceed the amount available. In this round, none of the eligible cities are re�bmmended for half or more of the amount available to award. E1 1996- Spring 2004 Fall 2004 Total* TBRA awards $47,109,706 $2,800,000 549,909,70 Tax capacity increase $36,729,642 $2,755,091 $39,484,733 A cres cleaned 1,13 8 42 11 80 New jobs 17,05 314 17,368 verage hourly wage $12.89 $ $12.64 'vate redevelopment $2,208,052,230 $223,866,922 $2,431,919,152 Grants /Communities 134/29 13/ 147/31 * TBRA award details are aggregated to show total program accomplishments. Response to TBRA Program nA for fall cycle from TBR.A, levy, interest and fumed back funds: ,per, The Council issued a notice that grant funds were available and held an applicant workshop collaboratively with the Department of Employment and Economic Development (DEED) and the MN Pollution Control Agency (MPCA) in August. Eighteen applications were submitted this fall. The amount requested totaled $4,157,432, which is 67 percent more than is available. The Livable Communities Act requires that no more than three quarters of the TBRA funding be awarded to cities of the first class (Minneapolis, St. Paul, Bloomington), In this round, Minneapolis and St. Paul are recommended to receive 54 percent ($1,507,227). One Bloomington project (Lyndale Green) is not recommended for funding. Recommended grants to suburban applicants total 46 percent of available funding ($1,292,773). The Livable Communities Act also prohibits awarding more than half of the available funding to a single city if the eligible requests for funding exceed the amount available. In this round, none of the eligible cities are re�bmmended for half or more of the amount available to award. E1 09/18/2006 19:51 FAX 763 483 5183 JENSEN & SONDRALL, P.A. 4 CNH -CH 0 016 Project Raulang The funding recommendations are ranked based on Council criteria relating to the projected increase in net tax capacity, the amount of job growth or retention, market demand, need for supplemental funding, anticipated wage levels, the amount of environmental risk, projected total jobs per acre, proximity to jobs and access to a program linking jobs to low - income residents, the amount of private investment leveraged, and the city's housing performance score. All the proposed cleanup and redevelopment projects have access to urban services and are consistent with the community's updated local comprehensive plan, All the recommended applicant. communities are participating in the Livable Communities Local Mousing Incentives program. Table 1 lists applications recommended for funding in rank order. Following Table 1 additional tables and summaries rank all the fall applications in rank order of funding priority. Funding award recommendations are based upon rank order. However, regardless of rank order, projects may not be recommended for funding if other funding sources are deemed more appropriate or projects are not able to move forward without requested Department of Employment & Economic Development (DEED) grant funds. In addition, projects showing lack of readiness or inability to pass the Council's "but for" test may also not be recommended for funding. TBRA funds are often requested as part of the local match requirement for DEED grant requests. An' application that does not receive DEED funding but ranks high enough to receive a TBRA award often needs to be supplemented in order for the project to move forward. During this round St. Francis Auto Farts ranked high enough to be recommended for TBRA funding, but will not likely rank high enough to receive DEED funds. Therefore the city has asked that if DEED does not fund the project, that the original TBRA request be . increased so that the project can move forward. The recommendation reflects an increase based upon TBRA eligible cleanup expenses. A "but For" test is used to eliminate projects that will likely occur without a TBRA award. Eligible requests need to demonstrate that "but for" TBRA funding, the redevelopment will not have desired outcomes. The °`but for" determination is made by comparing the amount of the cleanup request with the private redevelopment investment and assumed profit to assess the ability of the owner or developer to carry out the project without Council assistance, Cleanups costing one percent or less of redevelopment expense are assumed to be modest enough to be absorbed as; a development cost. The following requests are not recommended for funding because of failing this "but for" test: River Bluff Housing, St. Paul; Lyndale Crreen, Bloomingto:a; and, St. Anthony Gun Club, Ramsey. A project previously funded by both TBRA and DEED's brownfield cleanup program requested additional funds from both programs this round. The Eastern Northwest Quadrant in New Brighton is seeking funds to cleanup a former dump site. When TBRA and DEED funds were awarded spring 2004, it appeared the city and Medtronic, Inc. were very close to finalizing a development agreement. This has not happened and Medtronic, Inc, is openly exploring other potential sites. Although we are interested in continuing to partner with the city, at this time TBRA funding is not recommended for the Eastern Northwest Quadrant because of project readiness concerns. 'Venue North Iforrn Rn��t�ti� zat �� Tdc.,,_ ems._ • - -- - - -- -1 .,,v. A-vvv �a. vi, rnA r Ud '*na a OrlINaLA & 7UADRALL, Y.A. -> CNH -CH 19017 Table 1 TAX $ASE REVITALIZATION ACCOUNT FALL 2004 RANK AND FUND AVAIABILITy PROJECT NAME - APPLICANT RANK SCC)RF pplications Recommended for Funding H iawatha Commons, Minneapolis 1 ' 81 L lewellyn - West Side Flats, Saint Paul 2 68 Th e Lowry, Saint Paul 3 65 Riverview Homes, Minneapolis 4 64 St. Anthony Mills Apartments, Minneapolis 5 62 Columbia Heights Industrial Park, Columbia Heights 6 61 obbinsdale Condo Towaouse Project, Robbinsdale 7 59 Bland Station, Saint Paul a 58 5` and Chicago, Minneapolis 9 57 rookside Lofts, St. Louis Park 10 48 P arker 'Village, Robbinsdale 11 46 St. F Auto Parts, St. 1•rancls 12 ' 44 ( eadowlark, Lakeville (Dakota County CDA.) 13 4 TBRA RecommeAdation CUMULATIVE TOTAL $213,7( $300,OC $192,01 $121,19 $288,89 $99,75 $500,001 $133,96; $217,11( $400,00( $160,30` $560, $1,162,1 $1,261,9 $'1,761,9 $1,895,8 $2,112,9' $2,512,9 $126,717 Minimum TBRA Recommendation % of Total Available First Class City Recommendations N/A $1,507,227 54% Suburban Recommendations $700,000 $1;292,773 46% Total $2,800,000 4 Ua /16 /2UUU 19:51 FAA 763 493 5193 JENSEN & SONDRALL, P.A. -> CNH -CH 0018 .Applications Recommended for ]Funding (in rank order) . _ 1) Hiawatha Commons, submitted by the city of Minneapolis, is a TBRA request as part of the match required for a DEED grant request, Hennepin County Environmental Response Fund QMF) is the requested other source of match funding. Located at East 28 Street and Minnehaha .Avenue South, redevelopment goals are for a mixed -use, mixed income project creating 80 units of rental housing over first floor commercial and underground parking. Soil contamination of concern consists of semivolatile organic compounds, diesel range organics various metals. TBRA funds will be used to remediate contaminated soil. 2) Llewellyn — West Side Flats, submitted by the city of St. Paul, is a TBRA request as part of the match required for a DEED grant request. Located at 84 Wabasha Street South, the redevelopment proposes to relocate an existing business to Woodbury and demolish a building 'to- allow for rninirnuxza 166 units of ownership and rental housing in the West Side plats area. Contaminants of concern are asbestos in.the structure to be demolished, and soil contamination consisting of arsenic, lead, mercury, polynuclear aromatic hydrocarbons and petroleum. TBRA funds will be used for asbestos abaterrment and soil remediation. 3) The Lowry, submitted by the city of St. Paul, is a T13RA request for asbestos abatement for the former Lowry Medical .Arts building located at 350 St, Peter Street. The city requested $800,000 from the TBRA in the spring 2003 grant cycle. Due. to TBRA limitations on amount able to award to a single city, the city choose to modify its request to $500,000. In addition, the city submitted a fall 2003 application for the same site with a very different development strategy; the city rescinded this application shortly after submittal. This request is for $300,000 to fill the remaining cleanup gap, The proposed redevelopment plan is consistent with the original spring 2003 proposal for 1" floor commercial, 2 nd floor retail/off ce space and floors 3 thru 13 as 131 condominium units. TBRA funds will be used for asbestos abatement. 4) Riverview Homes, submitted by the city of Minneapolis, is a TBRA request as part of the match required fora DEED grant request. Hennepin County ERF is the requested other source of match funding. The original TBRA recommended award amount is less than the request because some costs in the budget are considered project costs and not necessary to implement the cleanup plan. Located at 2313 West River Parkway and 70 22 Avenue North (adjacent to the Mississippi River), the request is to assist with contamination concerns to allow phases two and three - of a total four -phase development to proceed. Redevelopment plans for phases two and three consist of 59 ownership townhome units and a senior housing complex with 45 ownership and 45 rental units. Soil and groundwater contaminants consisting primarily of petroleum and nonpetroleum volatile organic compounds, semivolatile organic compounds, diesel range organics, gasoline range organics, metals and asbestos have been identified on the site and need to be addressed for residential uses: TBRA funds will be used to remediate contaminated soil. 5) St. Anthony Mills .Apartments, submitted by the city of Minneapolis, is a.TBRA request to remediate contaminated soil at Washington Avenue South, Chicago Avenue, and .2 x ' d Street. The recommended award is less than the original request because a large amount of soil needs to be removed for geotedhnical purposes (which is considered a project cost) and not solely to implement the cleanup plan. The city . proposes to redevelop `°Parcel D", which is part of the former Milwaukee Road Depot property, into 260 units of ownership and rental housing as well as underground and above grade parking. A variety of contaminants exist from the former rail operation including metals, diesel range organics, petroleum related volatile organic compounds and polynuelear aromatic hydrocarbons. TBRA funds will be used to remediate contaminated soil. M uv 16/ GuuO 10; 0 1 rAA 1 4U3 518J �J JENSEN & SONDRALL, P.A. -3 CNH -CH 2019 6) Columbia Heights Industrial Park, submitted by the city of Columbia 14eights, is a TBRA request as part of the match required for a DEED grant request, The city seeks funding for the second phase (3 800 S Street) of its industrial park redevelopment. The city was awarded funding from the TBRA and DEED for the first phase in the fall 2003 grant cycle. This phase proposes to be redeveloped into 124 affordable and market rate townhomes. Soil and groundwater contaminants of concern in phase 2 include linseed oil, petroleum, foundry waste (primarily metals) and chlorinated solvents. In addition, asbestos containing materials are present in buildings that need to be demolished. TBRA funds will be used for asbestos abatement and to remediate contaminated soil. 7) Robbinsdale Condo Townhouse Project, submitted by the city ofRobbinsdale, is a TBRA request to redevelop a former drycleaner site at 3559' France Avenue North and 3554 Grimes Avenue North. The city submitted an equal request to the Hennepin County ERF, The proposed redevelopment plans include 18 ownership condominium units and four ownership townhome units. Soil and groundwater is contaminated with perchloroethylene, , and the structures have asbestos containing materials that will need abatement prior to demolition. TBRA funds will be used for asbestos abatement, sail remediation and a vapor barrier. 8) Island Statian, submitted by the city of St. Paul, is a TBRA request for hazardous materials abatement and match to a DEED grant request for soil remediation. The city submitted a TBRA request for cleanup of this site in spring 2004. The project was not recommended for funding because it didn't pass the "but for" test, there existed a viable responsible party and not all required infformation was submitted for review. This round the recommendation is to assist only with hazardous materials abatement, and therefore the recommended amount is less than the requested amount. A viable responsible party exists for the soil contamination and phase 2 of the project is not approved and therefore not considered as part of the overall redevelopment costs for this review. Located at 380 Randolph. Avenue (formerly 436 Shepard Road), the redevelopment proposes 70 for sale condominium units within an existing structure and 22 townhome units. T13RA funds will be used for asbestos and lead -based paint abatement. 9) 45` and Chicago, submitted by the city of Minneapolis, is a TBRA request for the site located at 4500, 4500 %a and 4516 Chicago Avenue. Hennepin County ERP funds are also being requested to assist with cleanup costs. Site use proposes a 3 -story building with 32 condominiums and 32 stalls of enclosed tuck - under parking and 7 stalls of visitor or secondary parking. Petroleum impacted soil is the primary cleanup concern. TBRA funds will be used for soil remediation. 10) Brookside Lofts, submitted by the city of St. Louis Park, is a T13RA request for the site located at 4100 Vernon Avenue South and 4135 Webster Avenue. Hennepin County ERF is also being requested to assist with cleanup costs. The original request amount was decreased based on conversations with Hennepin County ERF staff and eligible cleanilp costs. The former school will be renovated into 27 condominiums; the site will also support the construction of 14 condominiums in one new building and five single - family homes. Soil contaminants of concern are petroleum- related, and reuse of a former school building will require asbestos abatement. TBRA funds will be used to remediate contaminated soil and abate asbestos containing materials. 11) Parker Village, submitted by the city of Robbinsdale, is a TBRA request for a former Junior High School site Iocated at 4319 Regent Avenue North. Hennepin County revolving loan funds are also being sought to assist with cleanup. The proposed redevelopment will consist of 44 townhomes and a 60 -unit senior cooperative. Asbestos and other hazardous materials abatement are necessary prior to demolition. TBRA funds -will be used for asbestos. 2 uaitai`uun IV :aG 14AA 'IbJ 4UJ 5183 JENSEN & SONDRALL, P.A. 4 CNH -CH 2 020 12) St. Francis Auto Parts, submitted by the city of St. Francis, is a TBRA, request as part of the match requirements for a DE13D grant request. The city requests cleanup assistance for 4201 St. Francis Boulevard. The proposed redevelopment plan is for a commercial retail building and associated parking, The site has soil contamination consisting of petroleum, volatile organic compounds and .heavy metals In addition, asbestos containing materials are present in the buildings. TBRA, funds will be used for asbestos abatement and to remediate contaminated soil. 13) Meadowlark, submitted by the Dakota County Community Development Agency and located in the city of Lakeville, is a TBRA request equal to a DEED grant request. The Dakota County'CDA intends to redevelop the site at 8500 210' Street in the city of Lakeville with 42 units of affordable family townliomeS. Soil contaminants of concern are metals, volatile organic compou polynuclear aromatic hydrocarbons, petroleum compounds, asbestos and elevated levels of methane. TBRA funds will be used to remediate contaminated soil. Applications Not Recommended for Funding ue" The site, with petroleum, related soil contamination, is part of a larger site planned for a condominium and townhouse redevelopment. Three projects are determined not to pass the "but for" test; meaning that the projects will likely move forward without TBRA finding because cleanup costs are 0 e percent or less of the redevelopment costs and therefore likely able to be absorbed into the total project costs. The first, River Bluff Housing, submitted by the city of St. Paul for cleanup assistance at the former Koch site located near the south intersection of West Seventh Street and Otto Avenue. Flint Hills Resources (formerly Koch Petroleum) conducted extensive cleanup as the responsible party. However, prior to redevelopment for residential uses a vapor barrier needs to be installed. A second, the city of Bloomingtonrequests funding for the Lyndale Green Redevelopment Project, a primarily residential redevelopment, located at 8341 Lyndale Avenue South. Soil contaminants of concern include gasoline and diesel organics, and asbestos containing materials in the building planned for deznolitian. The 1'BRA request range is only for asbestos abatement; however consistent with all projects, in making the "but foe determination total cleanup costs were considered. A third, St, Anthony Gu city of Ramsey to redevelop a 114 -acre gun club site at 16128 Variolite Street NW b Soil contaminants of concern are lead and polynuclear aromatic hydrocarbons. The propos family homes. ed reuse is for 159 single - Eastern Northwest Quadrant, submitted by the city of New Brighton, is a T13RA request submitted as match to a'DEED grant request. The 45 -acre project site located the intersection of interstate highways 1 -35W and I.694 and along Old I�ighway 8, is impacted by dump materials. In the spring 2004 funding round both TBRA and DEED grants were awarded to the city with some confidence that a development agreement with Medtronic, Inc. was close to finalization. It is clear from conversations with the city and Medtronic, Inc. that this is one of many sites being explored for a new office and laboratory complex. The project is not recommended for finding because of readiness concerns. „O Lo I ` —V LV , 04 rAA i oa 4214 0 1MJ City of New Hope, a Minnesota municipal corporation, Plaintiff, v. J �' p Q 1 Y14a.� i I JEASEN & SONDRALL, P.A. 4 CNH -CH 2021 STATE OF MINNESOTA COUNTY OF H7✓NNEPIN Unocal Corporation, a California corporation, Defendant. DISTRICT COURT FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil COURT FILE NO. Honorable • Ggam Plaintiff City, of New Dope, a Minnesota municipal corporation, as and for its Complaint against Defendant Unocal Corporation, a California corporation, states and alleges as follows: 1. Plaintiff City of New Hope, a Minnesota municipal corporation (the "City”) is a municipal corporation organized and existing under the laws of the State of Minnesota, having its principal place of business at 4401 Xylon Avenue North, in the City of New Hope, County of Hennepin, State of Minnesota. 2. Defendant Unocal Corporation ( "Unocal ") is a California corporation that maintains its headquarters and principal place, of business in California. Unocal is a wholly owned subsidiary of Chevron Corporation. Chevron Corporation is a publicly held Delaware corporation that maintains its headquarters and principal place of business in California. 3. On or about April 28, 2000, the City purchased property located at 5550 Winnetka Avenue North, City of New Hope, Hennepin County, Minnesota (the "Property "). 913171v1 09/18/2006 19:52 FAX 763 493 5193 JENSEN & SONDRALL, P.A. -> CNH -CH Z 022 4. From 1959 to 1975, a gasoline filling station (the "Station ") was operated on the Property. 5. Through 1965, the Station conducted business as a "Pure Oil" station. 6. In 1965, Pure Oil merged with Unocal. Unocal purchased the Property in 1975 and operated the Station on the Property in 1975 7. In 1975, Unocal sold the property to Denny's Inc. On information and belief, all underground petroleum storage tanks and related piping were removed at the time of sale. A Denny's restaurant was operated on the Property from 1975 until 1985. 8. In 1985, the site was sold to Bosa International ( "Bosa "), which subsequently operated a Bosa Donuts store on the Property. 9. In early 1988, First Interstate Bank, the lien holder on the Property owned by Bosa, and Mr. David Clarkson, upon information and belief a buyer of the Property, engaged STS Consultants, Ltd. ( "STS ") to conduct a preliminary Environmental Reconnaissance for Property Transfer on the Property. As noted on an STS report dated April 26, 1988, the purpose of that study was to determine "if the previous use of this site as a gasoline service station had resulted in petroleum products impacting the soils at the site." 10. STS took soil samples from nine borings at the Property on April 25, 1988. These borings confirmed that a petroleum release had occurred on the Property. On information and belief, the northern half of the site, where an abandoned fuel -pump island was known to be located, was not tested at this tinge. 11- A petroleum release was reported to the Minnesota Pollution Control Agency ( "MPCA ") on .April 28, 1988. The MPCA placed Unocal on notice on September 9, 1988. Unocal signed an MPCA Letter of Intent to Proceed with Petroleum Tank Release Investigation 9131710 2 09 /18 /20os 19:52 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH 0023 and Site Stabilization on November 21, 1988. Unocal agreed to cooperate with the MPCA in responding to the petroleum tank release by (1) providing information about the Property, (2) firing a consultant to conduct a remedial investigation, (3) undertaking the remedial investigation, (4) notifying the MPCA and agreeing to remediate any "free floating" petroleum found on the surface of the Property, and (5) notifying the MPCA three days before taking any remedial steps, and/or notifying the MPCA if there are "any new petroleum releases or the discovery of previously unknown releases or health and safety threats." 12_ In 1989, Unocal contracted with STS to conduct further tests. In an STS .report dated July 31, 1989, listing Unocal as "Client," STS noted that five additional boring samples were taken on June 27, 1989. Again, a large portion of the northern half of the site was not tested. 13. Following the STS investigation the MPCA, in a June 18, 1990 letter to Unocal, agreed to close its leak site f1le. Upon information and belief, no contaminated soil had been removed at this time. The MPCA did not release Unocal from liability for the documented petroleum release. Specifically, the letter stated that "this letter does not release any party from liability for this contamination." 14. In early 2000, the City and the New Hope Economic Development Authority conducted purchase and sale negotiations for the Property with then - owner I {iva New Hope Corporation, and subsequently purchased the Properly. 15. Auer the City's purchase of the Property and during the demolition of an existing structure and asphalt parking lot in September 2000, polluted soil was discovered by the City's demolition contractors. 16. Upon information and belief, the MPCA was notified of the discovery of the 91317M 3 V0 /16icuu0 1a:0Z MA 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH 0 024 pollution on or about September 15, 2000. 17. On October 30, 2000, the City placed Unocal on notice of the contamination by correspondence from the City's attorney. Unocal confirmed receipt of the correspondence on November 1, 2000. 18. Thereafter, the City fonnulated plans to redevelop the Property in conjunction as Part of a residential development. Based on the testing performed in 1988 and 1989, the true extent of the contamination was not yet known. 19. On March 22, 2004, the New Hope City Council approved a proposal from the City's environmental consultant, Diversified Environmental, Inc. (°`DEI"), to oversee remediation of the Property. 20. Excavation work began on August 25, 2004. After the excavation work began, unanticipated quantities of contaminated soil were encountered. The scope of contamination suggested unusual and significant petroleum releases, contaminating virtually the entire northern half of the Property. 21. Excavation and rernediation work to meet cleanup standards mandated by MPCA continued until September 14, 2004. Ultimately, 13,000 tons of petroletm- contaminated soils were removed, far in excess of original estimates based in part on the 1988 and 1989 testing. 22_ DEI noted in its September 20, 2004 report that there were likely significant releases at the location of the former tank and fuel -pump islands, together with significant surface spills, and that the level of gross subsurface contamination was unusual for this type of site. 23. Unocal did not participate in any of the soil rernediation efforts. 24. On May 27, 2005, the City made a formal demand for reimbursement of the 913171VJ 4 Vb /1O /ZVVO t8:5z rtiA Ib3 483 5183 JENSEN & SONDRALL, P.A. 4 CNH -CH 0025 remediation costs from Unocal in the amount of $547,403. To date, Unocal has not reimbursed the City for any remediation costs. 25. As a result of the acts, errors and omissions of Unocal, the City has suffered damages in the amount of 5547,403, and is continuing to incur attorneys' fees. COUNT ONE NEGLIGENCE 26. plaintiff' restates and realleges all previous paragraphs as though fully set forth herein. 27. Unocal negligently and carelessly operated, and /or caused to operate, the Station, causing substantial amounts of petroleum products to spill, leak, or otherwise contact the ground and penetrate the soil in several locations on the Property, damaging the Property. 28. Unocal had a duty to ensure that all underground petroleum storage tanks and related piping at the Station did not leak, a duty to properly maintain the underground petroleum storage tanks and related piping, and a duty to ensure that petroleumn products did not otherwise spill, leak, contact the ground or penetrate the soil or otherwise pose a threat to or contaminate the environment. 29. Unocal had a duty to take all necessary and appropriate corrective measures to address any petroleum releases. 30. Unocal breached its duty by negligently operating and /or causing to operate the Station, by failing to maintain the underground petroleum storage tanks and related piping, by failing to ensure that the underground petroleum storage tanks and related piping were capable of accepting and safely holding Unocal's petroleum products before allowing those underground petroleum storage tanks and related piping to be killed and operated, and by failing to undertake all necessary and appropriate corrective measures to address any petroleum releases. 9131710 5 VV /10 /4VVO la:04 MA Y03 4M3 51133 JENSEN.& SONDRALL, P.A. 4 CNH -CH 16026 31. . Unocal's negligent conduct allowed substantial amounts of petroleum products to spill, leak, or otherwise contact the ground and soil, contaminating the soil and damaging the Property. 32. As a result of Unocal's negligence, the City has suffered damages in an amount greater than $50,000. COUNT TWO 33. Plaintiff restates and realleges all previous paragraphs as though fully set forth herein. 34. Petroleum products are highly combustible and toxic substances. 35. Unocal's transportation, distribution, handling, storage, and /or sale of petroleum products constituted abnormally dangerous /ultra - hazardous activities. Despite the ubiquity of gasoline service stations and safety measures developed by the petroleum industry over time, Unocal's actions in the operation of the Station and distribution of petroleum products nonetheless posed an extreme risk to Plaintiff and the general public. 36. The petroleum products handled at the Station were released and escaped onto the Property, causing the Property to be contaminated. 37. Unocal must be held strictly liable for engaging in an abnormally dangerous /ultra- hazardous activity, and by using the Property in an unnatural and abnormally dangerous /ultra- hazardous manner, causing damage. 38. As a result of Unocal's acts and omissions, the City has been damaged and has suffered damages in an amount greater than $50,000, for which Unocal should be strictly liable. 913171 v1 6 VV. ioi GVuv in. Uc rad I vj 4raj alas JhIN5hA 5t SDNDHALL, P.A. 4 CNH -CH 16027 COUNT THREE RES IPSA LO 12 UITCTR 39. Plaintiff restates and realleges all previous paragraphs as though fully set forth herein. 40. The negligence. of Unocal is established, under the doctrine of res ipso loquitur, because upon information and belief the petroleum products handled at the Station between 1959 to 1975 were Dandled only by Unocal or its predecessor Pure Oil, or by others at the direction and under the control of Unocal or its predecessor Pure Oil. Upon information and belief, there were'no other petroleum- related businesses in operation on the Property before or after that time. 41. The contamination of the soil and surrounding environment with petroleum products would not ordinarily occur in the absence of Unocal's negligence. 42. The City did not directly or indirectly contribute to Unocal's negligence. 43. As a result of Unocal's negligence, the City has suffered damages in an amount greater than $50,000. COIU'NT FOUR NUISANCE — COMMON LAW 44. Plaintiff restates and realleges all previous paragraphs as though frilly set forth herein. 45. The contamination of the Property by Unocal was an invasion of the City's use and enjoyment of the Properly. 46. Unocal's conduct in the handling of the petroleum products was the factual and proximate cause of the invasion. 47. As a result of said nuisance, the City has suffered damages in an amount greater than $50,000. 9131710 7 09/18/2006 19:53 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH Z028 COUNT FIVE NUISANCE — MINN. STAT. §561.01 48. Plaintiff restates and realleges all previous paragraphs as though fully set forth herein. 49. The contamination of the Property by Unocal was injurious to the Property, and in particular, to the soil and surrounding environment, and has prevented the unencumbered use of the Property by the City. 50. Unocal's conduct constitutes a nuisance within the meaning and intention of Minn. Stat. §561.01, and Unocal is liable for all damages, injuries, and losses of the City resulting therefrom. 51. As a result of said Duisan.ce, the City has suffered damages in an amount greater than $50,000. COUNT SIX — NEGLIGENCE PER SE PETROLEUM TANK RELEASE CLEANUP ACT -, MINN. STAT. CHAPTER 115C 52. Plaintiff restates and realleges all previous paragraphs as though fully set forth herein. 53. Unocal owned and /or operated the m-,derground liquid petroleum products tank facility on the Property within the meaning of the Petroleum Tank Release Cleanup Act (the "Act "), Minn. Stat. §115C.02. 54. Releases of liquid petroleum products, within the meaning of the Act, Minn. Stat. § 115C.02, subd. 12, have occurred at the property. 55. Unocal is a responsible person as defined by the Act, Minn. Stat. §115C.021, subd. 13. 56. Unocal had a duty to take "reasonable and necessary corrective actions" pursuant 9131710 8 UU /15 /GUUb 1x:53 FAA 753 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH 0029 to the Act, Minn. Stat. § 115C.03, subd. 1. 57. Unocal, breached its duty by failing to take "reasonable and necessary corrective actions" and by not participating in the City's remediation efforts. 58. The City's remediation efforts constituted "corrective actions" as defined by the Act, Minn. Stat. §115C.02, subd. 4. 59. As a result of the release of petroleum products at the Property, the City has incurred reasonable and necessary response costs for corrective action in an amount greater than $50,000. . t an-were i 60. Plaintiff restates and realleges all previous : paragraphs as though fully set forth herein. 61. Unocal discharged liquid petroleum products under its control onto the Property. Pursuant to Mimi. Stat. § 115.061(a), the liquid petroleum products, "if not recovered, may cause pollution of waters of the state." 62. Unocal had a duty to notify the MPCA of the discharges pursuant to Minn. Stat. § 115.061(a). Unocal failed to notify the MPCA of the discharges of petroleum products, or in the alternative failed to notify the MPCA of the extent of the discharges. 63. Unocal had a duty to recover as rapidly and as thoroughly as possible the discharges of petroleum products. Unocal failed to recover as rapidly and thoroughly as possible the discharges of petroleum products. 64. Unocal is not exempt from notifying the MPCA, pursuant to Minn. Stat. §115.061(b), as the discharges of liquid petroleum products were in excess of five gallons. 65_ As a result of Unocal's failure to notify the MPCA, the City has suffered damages 913171 v1 9 . 09/18/2008 19:53 FAX 763 493 5193 in an amount greater than $50,000. JENSEN & SONDRALL, P.A. 4 CNH -CH 2030 COUNT EIGHT — NEGLIGENCE PER SE DISCHARGE INTO UNSATURATED ZONE — MINN. RULE ]PART 7060.0600 66. Plaintiff restates and reallegcs all previous paragraphs as though frilly set forth herein. 67. Minn. Rules Pt. 7060.0600, subp. 2 states that "[n]o sewage, industrial waste, other waste, or other pollutants shall be allowed to be discharged to the unsaturated zone or deposited in such place, mariner, or quantity that the effluent or residue therefrom, upon reaching the water table, may actually or potentially preclude or limit the use of the underground waters as a potable water supply." The "unsaturated zone" is defined under Minn. Rules Pt. 7060.0300, subp. 7 as "the zone between the land surface and the water table. [including] the capillary fringe, °> 6$. Unocal had a duty to not discharge petroleum products into the unsaturated zone. 69. Unocal breached that duty by discharging liquid petroleum products into the unsaturated zone of the soil on the Property, violating Minn. Rules Pt. 7060.0600, subp. 2. 70. Minn. Rules Pt. 7060.0600, subp. 4 states that "Toxic pollutants including ... petroleum products ... shall not be discharged or deposited in any manner such as to endanger the quality or uses of the underground waters." 71. Unocal had a duty to ensure its petroleum products did not endanger the quality or uses of the underground waters. 72. Unocal breached that duty by discharging liquid petroleum products into the soil on the Property, violating Minn. Rules Pt. 7060.0600, subp. 4. 73. Minn. Rules Pt. 7060.0600, subp. 3 states that "[t]reatment, safeguards, or other control measures shall be provided by the person responsible for any sewage, industrial waste, 913171 v1 10 09/18/2006 19:53 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH 12031 other waste, or other pollutants which are to be or have been discharged to the unsaturated zone or deposited there, or which have been discharged to the zone of saturation, to the extent necessary to ensure that the same will not constitute or continue to be a source of pollution of the underground waters or impair the natural quality thereof." 74. Unocal had a duty to remediate the soil on the Property. 75. Unocal breached that duty by not remediating the soil and by failing to reimburse the City for the cost of soil remediation,- violating Minn. Rules Pt. 7060.0600, subp. 3. 76_ As a result of Unocal's violation and continued violation of Minn. Rules Pt. 7060.0600, the City has suffered damages in an amount greater than $50,000. COUNT NINE TRESPASS 77. Plaintiff restates and realleges all previous paragraphs as though fully set forth herein. 78. Unocal owned the underground petroleum storage tanks and related piping on the Property. 79. Unocal failed to maintain said tanks in good operating condition and failed to ensure that the underground petroleum storage tanks and related piping were properly maintained and capable of accepting and safely holding Unocal's petroleum products before filling them, thus permitting petroleum or petroleum products to escape from said tanks and to be deposited on the Property. 80. Unocal has failed to remove said petroleum products from the Property. 81. The act of depositing petroleum products upon the Property constitutes a trespass, and the failure to remove said petroleum products constitutes a continuing trespass. 82. As a result of the trespass, the City has suffered damages in an amount greater 913171v1 11 09/18/2006 19:53 FAX 763 493 5193 than $50,000. JENSEN &.SONDRALL, P.A. -+ CNH -CH 11032 PRAYER FOR RELIEF WHEREFORE, Plaintiff City of New lope prays for judgment of this Court as follows: 1. For judgment against Unocal in the amount of $547,403, as and for the City's cost of response and remediation. 2. Interest, costs and attorneys' fees. 3. Sucb other and further relief as the Court deems just and equitable. MOSS & BARNETT A, Professional Association Dated: August___ 2006. By Joseph G. Maternowski ( #016463X) Matthew P. Kostolnik ( #310669) Attorneys for Plaintiff 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 -4129 Telephone: (612) 877 -5000 Facsimile: (612) 877 -5999 Attorneys for Plaintiff 9131710 12 09 /18 /2UU6 19:53 FAX 783 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH ACKNOWLEDGMENT NT The undersigned hereby acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. §549.211, subd. 2, to the party against whom the allegations in this pleading are asserted. MOSS & BARNBTT A. Professional Association Dated: August , 2006. By - Joseph G. Maternowski ( # 016463X) Matthew P. T- ostolnik ( # 0310669) Attorneys for Plaintiff 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 -4129 Telephone: (612) 877 -5000 Facsimile: (612) 877 -5999 Attorneys for Plaintiff 913171v1 13 UV/18/20U6 19:53 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH —CH 16034 NVA1 19106W I M i ' TO: Steve Sondrall FROM Joseph G: Maternowski Matthew P. Kostolnik DATE: April 4, 2006 RE: City of New Hope/Unocal Claim Analysis A professional Association CLIENT: 47546.1 WORKPRODUCT :� • r r • M The genesis of this cost- recovery claim against Unocal arises out of soil pollution caused by the operation of a gasoline filling station at 5550 Winnetka, The station was in operation from 1959 to 1975 as a "Pure Oil" filling station. T1ie land was initially owned by Station Development Corporation in 1959, then sold to Maride'vco, Inc, in 1960. In 1965, Pure Oil merged with Union Oil of California (a/k/a Unocal). Unocal then owned the land briefly in 1975, prior to purchase by Denny's, Inc, Documentation in the file shows that Unocal acknowledges its ownership of the property. We do not anticipate any factual disputes regarding Unocal's ownership of the land. In 1975, Unocal sold the land to Denny's. Subterranean Engineering, Inc. of Minneapolis, Minnesota, was retained by Denny's to conduct a soil suitability investigation. The purpose of Subterranean's investigation was to determine the general soil and groundwater conditions at the site. Subterranean was interested in determining whether the site would be appropriate for construction of a Denny's restaurant. Subterranean did not conduct any testing to determine the presence of contaminants, nor does Subterranean's report reference the presence of any contaminants. File documents suggest all underground petroleum storage tanks and related piping were removed at the time of sale. Our file does not contain the records documenting the actual removal of the equipment. The site was operated as a Denny's restaurant from 1975 until 19$5_ In 1955, the site was sold to Bosa Donuts. 09/18/2006 19:53 FAX 763 493 5193 JENSEN & SONDRALL, P.A. -> CNH -CH 2035 Steve Sondrall April 4, 2006 Page 2 On April 28, 1988, a petroleum release was reported to the Minnesota Pollution Control Agency (MPCA). Unocal was placed on notice. Unocal voluntarily signed a Letter of Intent to Proceed with Petroleum Tank Release Investigation and Site Stabilization that was received from the MPCA. Unocal retained STS Consultants to conduct an investigation. STS conducted a total of fourteen soil borings in 1988 and 1989. Initial borings confirmed a petroleum release. Interestingly, STS's initial borings in 1998 (nine total) did not take any samples at the northern half of the site, where an abandoned island was known to be located. Five additional boring samples were taken in 1989. Again, a large portion of the northern half of the site was not tested, Based on the STS reports, the MPCA agreed to close its leak site file, going so far as to characterize the pollution as "minimal." There are no records that any contaminated soil was removed at this time. The 1..CE'CA's letter did not relieve Unocal of liability for the documented petToleuin release. In early 2000, the City of New Hope (the "City ") and the New Hope Economic Development Authority (EDA) conducted purchase and sale negotiations with then - owner K.iva New Hope Corporation. File documents show that City and the EDA had access to the STS reports and MPCA file, It can be inferred that the City of New Hope and the,EDA had knowledge of the contamination and the fact that the contamination had not been remediated, when they purchased the property. Diva New Hope Corporation was released from any liability by the City. Neither the City nor the EDA conducted any due diligence, such as a Phase I Environmental Site Assessment, to determine the nature and extent of contamination at the time of sale. Rather, after the sale and during demolition of the existing structure and asphalt parking lot (approximately 90% of the surface area of the lot was covered in asphalt), the demolition contractor discovered the polluted soil and the MPCA was notified. There is correspondence from the MPCA. dated September. 26, 2000, indicating that they have been informed of the release. We can reasonably infer that polluted soil was actually discovered by the demolition contractor prior to that time, but after the purchase and sale of the property was completed in the spring of 2000. On October 30, 2000, the City placed Unocal on notice of the contamination by way of correspondence from City Attorney Steve Sondrall. Unocal was informed that the City hoped to receive reimbursement from the State of Minnesota for 90% of the costs relating to the investigation and clean up. Unocal confirmed receipt of the correspondence by way of its November 1, 2000 correspondence to Mr. Sondrall, VV /10 /Zuu0 ta:DJ IAA *t1JJ 4VJ DiV3 JRNSRN & SONDRALL, P.A. 4 CNH -CH 16036 Steve Sondrall April 4, 2006 Page 3 �• ,. On November 14, 2000, Unocal was informed that based on past studies of site conditions the cost of disposal of the contaminated soil would be approximately $2,000 — $3,000, and that the City would look to Unocal for reimbursement of the costs associated with removal of the soil. Unanticipated quantities of impacted soils were encountered and the actual soil remediation costs totaled over $500,000. The extent of contamination suggested unusual and significant petroleum releases, contaminating virtually the entire northern half of the site. As work progressed on the site Unocal was not kept informed of the claim for a period of nearly four and one -half years. It was not until after remediation had been completed that Unocal was placed on notice of the increased scope of the claim. On May 27, 2005, the City made a formal demand for reimbursement of remediation costs in the amount of $547,000. Not surprisingly, Unocal claims the City had an ongoing obligation to keep Unocal informed about the status of the clean up and related costs. In fact, in researching Unocal's SEC filings, it appears Unocal sets aside significant monetary reserves to undertake clean; up and remediation itself. This fact lends credence to Unocal's anticipated argument that had it known of the problem earlier, it would have investigated and conducted clean -up itself (presumably, it will claim, at a reduced cost). Discussions between Unocal and the City have ensued. On February 28, 2006, we wrote on the City's behalf to Unocal restating the demand for reimbursement of costs incurred by the City to remediate impacted soils. To date there has been no offer forthcoming from Unocal. Recently, on March 28, 2006, Tearle W. Harlan of Chevron (who merged with Unocal) contacted our fir n and advised of receipt of our correspondence. Mr. Harlan indicated a Willingness to investigate the claim and work with us in pursing resolution of the claim. Mr. Harlan understood our need to preserve our claim in light of the approaching limitations period, and did not rule out the possibility of entering into a Tolling Agreement. 1 1 In terms of liability, the City has potential causes of action which include nuisance, trespass, public nuisance, negligence, negligence per se, and misrepresentation. Additionally, district courts in Minnesota have recognized private causes of action under Minn. Stat. Chapter 115C (Petroleum Tank Release Clean Up Act). VV /16 /4VV0 IV:04 MA 103 4bJ 51fJ3 JENSEN & SONDRALL, P.A. -> CNH -CH 2037 Steve Sondrall April 4, 2006 Page 4 CONFIDENTIAL SUBJECT TO ATTORNEY PRIVILEGE/ WORK PRODUCT Nuisance is a statutorily defined cause of action. Minn. Stat. § 561.01 defines nuisance as "anything which is .. indecent or offensive to the senses, or an obstruction to the I free use of property, so as to interfere with the comfortable enjoyment of life or property." Minn. Stat. §561.01. For an interference with the enjoyment of life or property to constitute a nuisance, it must be material and substantial. ,Iedneak v. Minneapolis Oren. Elec. Co.; 212 Minn. 226, 231, 4 N.W.2d - 326, 321 (1942). A court measures the degree of discomfort by the standards of ordinary people in relation to the area where they reside. Id. The wrongful conduct resulting in creation of a nuisance may be intentional conduct, but also can be negligence, ultra.hazairdous activity, violation of a statute or some other tortious activity. Highview North Apartments v. Ramsey, 323 N, W.2d 65, 71 (Minn. 1982). Although the City may also have a cause of action in trespass, the action may more appropriately lie in nuisance: "Although some of the traditional distinctions between nuisance and trespass have become blurred and uncertain, the distinction now accepted is that trespass is an invasion of the plaintiff s right to exclusive possession of the land and nuisance is an interference with the plaintiffs use and enjoyment of the land." Fagerlie v. City of Willmar, 435 N.W.2d 641, 644 (Minn. Ct. App. 1989) (Citing Prosser & Keeton on Torts at 622). Where the claim is based on interference with an owner's use and enjoyment of its own land, and not an invasion of the owner's exclusive possession, the action is nuisance, not trespass, ,Fagerlie, 425 N.W.2d 641, 644. Applying the above distinction, the City's action sounds in nuisance, not trespass. While we potentially have a strict liability claim, its possible courts will not recognize a strict liability claim under our .facts, Although the state appellate courts have not foreclosed strict liability of a prior landowner to a subsequent owner for soil contamination, the Eighth Circuit Court of Appeals declined to extend strict liability actions from owners of neighboring parcels to subsequent owners of the same parcel. In Kennedy Building Assoc. v. Viacom, Inc., 375 f 3 731 (8 Cir. 2004) the 8 1, Circuit reasoned that the rationale for strict liability is that a landowner cannot protect itself from the activities of a neighboring landowner, but that strict liability should not apply to a successor landowner because it could have avoided the harm by inspecting the property before it bought it. Id. at 740. In this case, to prove up strict liability under the Kennedy case, we would be required to show Unocal's contamination extended beyond its property line. It is my understanding that although we may be able to make that showing, this would expand the lawsuit to include not only prior remediation expenses already incurred by the City, but also future remediation expenses associated with cleaning up pollution outside of the 5550 Winnetka site. This would no doubt require additional investigation and testing to prove up the claim, and would also require that New Hope ubii0/ZUU0 la:04 FAA Y53 483 5193 1 JENSEN & SONDRALL. P.A. 3 CNH -CH 2038 Steve Sondrall April 4, 2006 Page 5 CONFIDENTIAL ATTORNEY CLIENT PRIVILEGE/ WORKPRODUCT have standing to bring the claim (i.e., that it owns the other affected parcels). These considerations may make a strict liability claim impractical. In any event, even if we were to make a strict liability claim, we would likely have difficulty avoiding a statute of limitations defense. Minn. Stat. § 541.05, subd. 2, states that "any action-based on the strict liability of the defendant and arisi..ng. from the manufacture, sale, use or consumption of a product shall be.commenced within four Years." See Minn. Stat. § 541.05, subd. 2. Although the statute is intended to apply to tgaditional products liability cases, it is applicable to this case on its face. Because New Hope "discovered" some damage in 2000, thus potentially triggering the limitations period, I believe the applicable statute of limitations has already passed. The statute of limitations issue is discussed in greater detail below. Based'on the above, we would be unable to survive a motion for summary judgment on the strict liability claims. We also have a potential statutory causes of action based upon a violation of Minn. Stat, Ch. 1150 (the Petroleum Tank Release Clean -Lip Act). Minn. Stat. Ch. 115C does not expressly provide for a private cause of action. However, sorn.e plaintiffs have successfully asserted an implied cause of action under the Act. For example, an Anoka County District Court judge found that the Act creates an implied private action in accord with legislative intent and Minnesota's environmental policy. An implied private cause of action would advance the legislative intent of the Act by providing a means of assuring that responsible persons are held liable for clean up costs, and would properly place the expenses and burdens of allocating liability among responsible private parties on the private sector. Interestingly, the Anoka County case cited above found that Minn. Stat. § 541.051, and its two year statute of limitations for all claims arising out of improvements to real property, was applicable. In that case, the Johnstons owned land in Spring Lake Park on which Mobil Oil formerly operated a filling station. Pollution was discovered during demolition of the filling station and removal of the underground tanks. Defendants claimed, and the Court agreed, that the two year statute of limitations for damages arising out of improvements to real property governed the claim. If this statute were applicable in our case, we would have a difficult time surviving a dispositive motion based on the running of the statute of limitations. Based on my research and analysis, we can argue against the applicability of Minn. Stat. § 591.051 pursuant to the "maintenance, operation or inspection" exception to the statute. "Nothing in this section shall apply to actions for damages resulting from negligence in Ve /15 /zuu5 1U:54 EAA 763 493 5193 JENSEN & SONDRALL, P.A. -> CNH -CH a039 Steve Sondrall April 4, 2006 Page 6 CONFIDENTIAL SUBJECT TO ATTORNEY PRIVILEGE/ WORK PRODUCT the maintenance, operation or inspection of the real property improvement against the owner or other person in possession." Minn. Stat. § 541.051 subd. 1 (c). Here, the exception clearly applies because the City's claim against Unocal is based upon the negligence of Unocal (or some other entity in possession, if the filling station was not operated by Unocal but rather a Unocal- related entity) in maintaining, operating, and inspecting the site. Assuming the exception applies, then the six year-statute of limitations set forth at 541.055 would apply to all claims except the strict liability claims. Obviously, it will be crucial to show that Unocal was the "owner or other person in possession" in order for the exception to apply. The property records show Unocal owned the land only briefly, in 1975. It will be crucial to show that Unocal (f/k/a Pure Oil) was a "person in possession" even when they did not own the land. Otherwise, Unocal may claim only a fractional percentage of any pollution occurred while it owned the land, and that its predecessor Mandevco, Inc., owned, the land for the balance of the time. While Unocal may not dispute this point, it is important to anticipate that it will at least raise the argument. In sum, I believe our "best" causes of action are nuisance, negligence, negligence per se, as well as an implied cause of action under Chapter 115C. Unocal will no doubt defend by alleging the statute of limitations has run. As stated above, Minn. Stat. § 541.055 provides a six year statute of limitation for actions based upon a contract, a liability created by a statute (e.g. nuisance), trespass, and negligence. Unocal will argue that the City's cause of action accrued when the City became the owner of the property, thus triggering the statute of limitations. This argument has merit. Under Minnesota law, the statute of limitations is triggered when "some" damage is discovered. Dalton v. Dow Chem. Co., 280 Minn. 147, 153, 158 N.W.2d 580, 584 (Minn. 1968) (stating that the cause of action accrues and the applicable statute of limitations begins to run as soon as the plaintiff has sustained some damage). See also Herrmann v. McMenomy & Severson, 590 N.W.2d 641 (Minn. 1999) (stating that a cause of action accrues and the statute of limitations begins to run when the cause of action will survive a motion to dismiss for failure to state a claim upon which relief can be granted). We know that the City was aware of the prior contamination at the time it purchased the property from Kiva New IIope, Additionally, nothing in the record suggests that the contamination had been remediated. Thus, the City knowingly purchased property that, at least to some degree, was contaminated, As the owner of contaminated property, the City had a cause of action that accrued immediately upon ownership. Upon ownership, UV /16 /Z000 1x:54 FAA bJ 493 5193 JENSEN & SONDRALL, P.A. a CNH -CH Z040 Steve Sondrall April 4, 2006 Page 7 ���03, "ta the City gained standing to bring a claim, it was aware of "some" damage, and the City's cause of action would not have been dismissed for failure to state a claim. According to the documents in our file, the City purchased the property on or about April 21, 2000. Thus, the statute of limitations would run six years from that date. I am unaware of the date of closing, however, in reviewing the file it appears that purchase of property occurred on or about April 20 or 21, 2000. Regardless of the exact date, it is - apparent that the time in which New IIope may bring a claim is eoming`to an end. There are, of course, arguments that New Hope's cause of action accrued at a later date, however, we should not assume that a court will agree with that interpretation. Because of concerns about the statute of limitations, we recornmend that we immediately pursue a Tolling Agreement while at the same time proceed with drafting of a complaint so that the complaint could be served to preserve the City's claims against Unocal. Unocal will also claim it is has been prejudiced because the City did not inform Unocal of its findings until after remediation had been completed. Unocal will argue that it detrimentally relied upon the City's representations that remediation costs would total $2,000 to $3,000. Unocal will claim it relied upon that representation and refrained from conducting its own independent testing and investigation. In hindsight, as soon as the scope of the pollution was discovered to be greater than anticipated, Unocal should have been placed on notice of that fact, and allowed an opportunity to conduct its own testing, investigation and inspection. Instead, Unocal will argue that the best evidence upon which the City bases its claim (the contaminated soil) has now been irretrievably lost. Rather than have the opportunity to conduct its own investigation, Unocal will be forced to rely upon documentation created by City witnesses and cross examination of City witnesses, Obviously, the above facts relating to the lack of notice give rise to a spoliation of evidence claim. While the degree of success of a spoliation claim is difficult to predict, it is possible that the City's entire claim could be dismissed with prejudice as a spoliation sanction. In rebutting the spoliation of evidence defense, we will be required to show that the remediation performed by the City was sufficiently well such that Unocal was not prejudiced by its lack of independent investigation and inspection. See Hoff nan v. Ford Motor Co., 587 N.W.2d 66, 71 ( "the propriety of a sanction for the spoliation of evidence is determined by the prejudice resulting to the opposing party "). We understand that there is documentation as to the impacted soils and that witnesses are available who 09/18/2006 19:54 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH IM041 Steve Sondrall April 4, 2006 Page 8 ATTORNEY CONFIDENTIAL SUBJECT TO PRIVILEGE/ WORK PRODUCT - were involved in testing the soils at various points in the investigation pursuant to a development plan approved by the NTCA. RECOMMENDATJONS Going forward, we would strongly recommend that the City immediately enter into negotiation of a Toiling Agreement and be prepared to commence litigation prior, to the six year anniversary date of the City's ownership of 5550 Winnetka. Proceeding in this `expedited manner would give the City its best chance of preventing dismissal on the basis of the running of the statute of limitations. Even if suit is timely commenced, we will likely face a Rule 12 motion to dismiss. Assuming we survive the motion, we will engage in time consuming and resource - intensive discovery. Following the discovery period, we will most certainly face a motion for summary judgment. This motion will be based upon the merits of our causes of action, alleged limitations defenses, as well as spoliation of evidence and estoppel /detrimental reliance. In terms of the merits of the City's claim, this area of law is novel enough that it is difficult to predict the potential for defending such a motion_ At this time, our best estimate is that we have a 50% to 60% chance of successfully defending a dispositive motion. We may well also face an aggressive motion for spoliation sanctions as a result of failing to advise Unocal of the status of the City's investigation and remediation of 5550 Winnetka. Again, I believe we have a greater than 50% chance of successfully defending a motion to dismiss as a spoliation sanction. Assuming the claim survives motion practice, Unocal will argue that New Hope's allowable damages should be discounted since Unocal was not allowed an opportunity to perform the remediation work itself. Unocal will likely argue that it could have performed the work at a lesser cost. While this may be true, it is a question of fact for the jury and one in which we are comfortable defending_ Unocal will also argue that it is not responsible for the increased cost of remediating the site from a commercial use to a residential use. Unocal will claim that if it is responsible at all, it is only responsible for the cost of remediation up to an industrial or commercial standard. Assuming Unocal makes such an argument we will need to re- evaluate the claim at that time. Additionally, Unocal will defend by claiming the City was contributorily negligent. For example, Unocal may point out that the City failed to conduct any due diligence in 09/18/2006.19:54 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH 14042 Steve Sondrall April 4, 2006 Page 9 • , —,NTf , r • r WORK PRODUCT determining the nature and extent of the contamination prior to taking ownership_ Additionally, shortly after taking ownership, the City demolished and excavated the black top cover which covered approximately 90% of the site. At the tune, the City had knowledge of the contaminated soil. Unocal will argue that without the protective asphalt cover, ground water caused infiltration to occur, driving the contamination to a greater depth. This caused remediation costs to increase, as a greater volume of soil was required to be excavated. Finally, Unocal may argue that the City's testing prior to redevelopment was deficient in that this work failed to detect the scope of impacted soils. Based on the above, we believe we have a greater than 50% chance of ultimately prevailing on the merits. However, in terms of damages, we believe that a jury may discount the total claimed damages based on Unocal's arguments, including that it has been prejudiced and that the City was itself negligent. Assuming a 50% chance of successfully defending a dispositive motion, and accounting for litigation costs, which could be significant, the City may wish to consider a "net" settlement of $180,000 or more. We have reviewed our time incurred to date on this matter. We find that with the time spent on this analysis of the City's claims and potential defenses that may be raised by Unocal we have nearly incurred the entire budgeted amount of $2,000 to $4,000. We estimate that an additional budget of $8,500 to $10,000 will be required to continue discussions with Unocal, negotiate a Tolling Agreement, and prepare, serve and file a complaint. It is possible that the preparation of a complaint may result in a more meaningful exchange with Unocal. We seek your approval to proceed with this next stage of work on an expedited basis. 865525vi voi to, Guvv 10. 0% rna. r vo 441 a i-0 0 JhAbhV & aUADRALL, Y.A. 4 GVH -CH 16043 and specifications and ordering bids for public improvement no, 790 (2006 street and infrastructure improvement project). Mr. Guy Johnson, director of public works, reviewed the three changes proposed for the project since it was last reviewed. He stated two of the changes relate to storm water quality improvements for -the installation of a grit chamber at Boone and 60 -1/2 Avenue and for relocating the new grit chamber on the original plan at Xylon and Meadow Lake Road North, to Yukon and Meadow Lake Road North. He stated the third change is for a new water main extended from Bass Lake Road to Meadow Lake Road West under Boone Avenue. He stated the bid opening is scheduled for March 20, and once the costs are known, staff will make a recommendation to Council for various components of the project. RESOLUTION 06 -45 Council Member Nolte introduced the following resolution and moved its Item 10.1. adoption: , RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING BIDS FOR PUBLIC IMPROVEMENT NO. 790 (2006 STREET AND INFRASTRUCTURE IMPROVEMENT PROJECT) ". The motion for the adoption of the foregoing resolution was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Opem, Gwin- Lenth, Hoffe, Nolte; and the following voted against the same: None; Abstained: None; Absent. Sommer; whereupon the resolution was declared duly v passed and adopted, signed by the mayor which was attested to by the city clerk. IMP. PROF. 790 & 791 .Mayor Opem introduced for discussion Item 10.2, Resolution requesting Item 10.2 municipal state aid funds advance (improvement projects 790 and 791). Mr. Dan Donahue, city manager, explained that the action permits the city to encumber funding from future years for current infrastructure state aid projects. RESOLUTION 06 -46 Council Member Gwin -tenth introduced the following resolution and moved Item 10,2 its adoption_ "RESOLUTION REQUESTING MUNICIPAL STATE AID FUNDS ADVANCE (IMPROVEMENT PROJECTS 790 AND 791)". The motion for the adoption of the foregoing resolution was seconded by Council Member Nolte, and upon vote being taken thereon, the following voted in favor thereof: Opem, Gwin- Lenth, Roffe, Nolte; and the following voted against the same: None; Abstained: None; Absent: Sommer; wh ereu p on the resolution was declared dul_,y r�a&sed and adopted, signed by the mayor which was attested to by the city clerk. IMP. PROJECT 697 Mayor Opem introduced for discussion Item 12.1, Appointment of the firm of Item 12.1 Moss & Barnett and attorney Joseph Maternowski to pursue cost recovery claim against Unocal; cost not to exceed $4,000 (improvement project no, 697). Mayor Opem stated the issue was discussed at the February 21 work session at which time the Council tentatively approved the expenditure. New Hope City Council Page 9 February 27, 2006 --V /16 .. io.vL)o rnA 10J 4VJ DIUJ JENSEN & SONDRALL, P.A. 4 CNH-CH 2 044 MOTION Motion was made by Council Member Nolte seconded by Council Member Item 12.1 Gwin-Lenth, approving the appointment of the firm of Moss & Barnett and attorney Joseph Maternowski to pursue cost recovery claim against Unocal for a cost not to exceed $4,000, All present voted in favor. motion carried, COMMUNICATIONS Mayor Opem introduced for discussion Item 122, Exchange of communication Item 12,2 between members of the city council. Mayor Off, em • Congratulated Council Member Gwin-tenth for receiving the Twin West Bravo Award at the State of the City Address on February 23 • Reported on dates of upcoming meetings/open houses: > March 2 from 3-7 p.m. — ISD 281 open house for Robbinsdale Transitional Center (at former New Hope Elementary School building) > March 7 — Precinct Caucuses ➢ March 8 — Planning Commission (changed from March 7); presentation for changes to Cooper athletic fields March 14 from 4-6 p.m. — open house for Community Mediation Services, 9220 Bass Lake Road > April 1— Remodeling Fair at Crystal Community Center _Council Member Gwin-Le-nth Thanked city staff for the excellent State of the City Presentation February 23 Council Member Nolte Commended AC Carlson for his generosity in advertising high school activities on the company's reader board. Ci Manager Donahue • Extended an invitation from Hennepin County assessors to meet with the Council prior to the May 4 Board of Review meeting. ADJOURNMENT Motion was made by Council Member Nolte, seconded by Council Member Gwin-Lenth, to adjourn the meeting, as there was no further business to come before the Council. All present voted in favor. Motion carried. The New Hope City Council adjourned at 8:50 p.m. Respectfully submitted, 4 a 4, f- - 64�L Valerie Leone City Clerk New Hope City Council Pebrfiary 27, 2006 Page 10 usi18i2vos 19:55 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH COUNCIL W Originating Department City Manager By: Dan Donahue, M Approved for Agenda February 27, 2006 Agenda Section Business Item No. 12.1 Appointrn.ent of the firm of Moss & Barnett and attorney Joseph Maternowski to pursue cost recovery claim against Unocal; cost not to exceed $4,000 Requested Action Staff is recommending the hiring of attorney Joseph Maternowski to assist the city attorney in pursuing the recovery claim against Unocal for the cost of cleaning up the contaminated soils at Bass bake Road and W inn,etka. The Council discussed this item with the city attorney at the February 21, 2006 work session. Background The site was formally occupied by a gas station that contaminated the site. Unocal subsequently took over ownership of the property and became the responsible party. The city, at the direction of the Minnesota Pollution Control Agency, cleaned up the site at a cost of $547,403. The responsible party has declined to reimburse the city for this amount It is recommended that the city obtain the services of Mr. Maternowski who is an experienced attorney in the area of environmental law. Mr. Maternowski will work with the city attorrney in pursuing the claim. The scope of work includes initial negotiation services. If negotiations become protracted, or if further work is needed to pursue court action, additional fees may need to be considered. Funding Staff recommends using funds from the EDA budget to pay for the fees. Attachments Correspondence from Moss & Barnett dated February 10, 2006 Motion by Second by To: I: \ RYA \ ADMTN \ q- Maternowski (2).doc UU /16 /ZUU* 19:55 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH —CH Q046 \ �w M OSS & B.ARNET 1 A Professional Associatio,_ JOSE G. MATERKOWSKI 612.347.0286 MatemowskiJ@inass-bam www February 10, 2006 Mr. Steven A. Sondrall Jensen & Sondrall, PA. 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443 - 1968 Re. City of New Hope/Unocal Reimbursement of -Environmental Costs Dear Mr. Sondrall: 4500 Wells Fargo Center 90 South Seventh Street Minneapolis. MN 55402-}129 Telephone 612.347,0300 Facsimile 612.339,6686 WWW- MOSS barnctt• Thank you for contacting Moss & Barnett, P.A. regarding the City of New Hope's cost recovery . claim against Unocal. We are pleased you have consulted us and we would be pleased to be of further assistance to the City on this matter. We understand that the City of New Hope ( "City ") has made a clairh for reimbursement of soil remediation costs against Unocal. You have provided background information which indicates that Unocal formerly operated a gasoline filling station located at 5550 Winnetka Avenue in New Hope. Underground petroleum storage tanks at the gasoline station leaked, causing pollution. This release was initially reported to the Minnesota Pollution Control Agency ( "NVCA in 1998. Soil borings conducted by Unocal confirmed soil impacts, although the MPCA initially characterized the extent of the pollution as "minor." Corrective measures were taken by Unocal, which based on information known at that time, were approved by the MPCA in 1990. However, the MPCA specifically reserved the right to re- open the file as necessary. Further, the MPCA did not release Unocal from liability under Minnesota law for the contamination. On or around April 20, 2000 the City purchased the property from Kiva New Hope Corporation. The City intended to develop the property for residential purposes. During demolition contaminated soil was again encountered on site. The MPCA investigated, but didnot re -open the original leak site file. In 2004, the City began preparation for clean up of the site. Additional testing was undertaken by Diversified Environmental at the City's request. Initial test results suggestedthat clean -up costs would total approximately $50,000.00. Excavation work began in August 20 a that time the actual soil contamination was discovered to be much greater than anticipated. As a result, remediation costs totaled nearly $550,000.00 09/18/2006 19:55 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH— CH J047 o� 7 ? Il y r. Mr. Steven A. SondraIl MOSS &$ ,A R N E T T February 10, 2006 Page 2 A Professional Association In May 2005 the City made a formal demand for the entire amount of the claim to Unocal, Unocal rejected the demand. Although Unocal-has expressed a desire to resolve this claim, it has not acknowledged responsibility nor has it responded with a settlement offer. 1n terms of Moss & Barnett's potential engagement, if we are retained we understand that our role would be to assist the City and its attorneys, Jensen & Sondrall, P.A. in negotiating a settlement with Unocal. We would provide research and analysis of the Iaw and environmental statutes, evaluate Unocal's liability and its potential exposure, and assess the likelihood of the City's success in prevailing on the merits. We would work with the City's counsel and draft a settlement proposal to be provided to Unocal. Assuming further negotiations ensue, we would provide our assistance anal expertise as requested by you during the negotiation phase. By way of background, I have over twenty years of experience as an attorney. In 19"851 was hired as a Special Assistant Attorney General where I represented the MPCA. In 19911 entered private practice where I have assisted corporations, units of local government and individuals on a range of issues including cost recovery claims, At Moss & Barnett, I serve as Chair of the Environmental Law Practice Group. My experience lends itself to a practical, common sense approach to the practice of law. I have attached my curriculum vitae for your review. In consideration for our rendering of Iegal services to you, we propose that the City would agree to pay Moss & Barnett for the time expended by us on your behalf, at the rates set forth below. I will have primary responsibility for your. representation and will utilize other firm lawyers including experienced associates and paralegals as may be appropriate under the circumstances. My hourly rate is $31 5.00. Wherever possible, I will utilize associate attorney Matthew P. Kostolnik, whose hourly rate is $200.00. At times, my paralegal Marcia L. Wine, may also perform work on the file. Ms. Wine's hourly rate is $130,00. By utilizing associate attorneys and support staff, we anticipate the "average" hourly rate on this project would be approximately 1250.00. Our best estimate of attorney fees for the initial scope of work is $2,000.00 to $4,000,00. In the event that negotiations with Unocal become protracted, we may need to provide further work and additional fees may be incurred. Under the terms of the limited engagement set forth in this letter, we would not be retained to commence suit against Unocal, Our activity would be limited as set forth above. Under the terms of this engagement, we would not prepare a summons and complaint to be served on Unocal. If negotiations are unsuccessful and those steps are necessary, we would be happy to provide assistance to you under the terms cf a new engagement letter. You should be aware that various statutes of limitations apply to the City's claim. These statutes limit the time in which you may commence litigation. The limitations period applicable to this claim is already running. It is further possible that the limitations period may have already expired. While we have made no attempt to analyze the. limitations period applicable to this case, we do note that you provided us with an April 18, 2000 "Addendum of Seller's Representations and Warranties," which references a Purchase Agreement dated February 21, 2000. Minnesota law requires that actions upon a contract be brought within six years. Accordingly, a potentially important date may be rapidly approaching. 09/18/2006 19 :55 FAX 763 493 5193 JENSEN & SONDRALL, P.A. i CNH —CH X1048 Mr. Steven A. Sondrall MOSS &BARNET T February 10, 2006 Page 3 A Professional Association We look forward to the opportunity to assist you in this matter. If we are retained, we will provide you with a formal retainer agreement incorporating the terms discussed herein. Please do not hesitate to contact us if you have any additional questions whatsoever. We look forward to the opportunity to be of service in this matter. Sincerely, Jo ph G. Maternowski JG cag . E closures 854355YI To: City Council Dan Donahue, City Manager From: Kirk McDonald, Community Development Director Kim Berggren, Community Development Assistant Date: May 2, 2007 Subject: Chevron/Unocal Matters Closed 'Meeting Materials 5/7/07 Distribution: Council, City Manager, City Attorney, Comm. Dev. Director and Assistant Per the Council's request, staff is providing additional information on the Chevron/Unocal matter, including information on the legal expenses to date and the expected litigation budget if the city were to proceed with legal action. Please find attached a litigation budget from Moss & Barnett dated May 7, 2007. Moss & Barnett has also provided a CD with the documents that they have produced to date. The CD includes copies of Moss & Barnett's invoices and correspondences related to this matter. The documents can be viewed on the Council's laptop computers, which have CD drives. If Council Members experience trouble viewing any of the documents, please let the city manager know so he can provide the information another way. We have attached a copy of one of the memos from Moss & Barnett dated April 4, 2006, which provides background facts and history, information on liability, claims, and defenses, and a summary of recommendations and the evaluation of the case. Also attached is a summary of legal expenses from 2005 to 2007 related to this matter, which total $58,546.85 as of April 30. As the Council is aware, the city attorney has been working on this matter in cooperation with Moss & Barnett. The city attorney's bills related to this matter since 2005 total $13,257.55. Another issue to discuss is the environmental services of Doug Bergstrom. Mr. Bergstrom has provided the attached letter requesting that the Council consider authorizing a letter of engagement for litigation services. Attachments: Litigation budget (May 7, 2007) Memo from Moss & Barnett (April 4, 2006) Legal expense summary (2005 -07) Letter from Doug Bergstrom (April 10, 2007) CONFIDENTIAL Attorney Client Privileged May 7, 2007 CONFIDENTIAL SUBJECT TO ATTORNEY CLIENT PRIVILEGE/ ATTORNEY r PRODUCT Litigation Budget City of New Hope vs. Chevron/Unocal We have prepared the following partial litigation budget in anticipation of filing and service of the complaint in the City of New Hope vs. Chevron/Unocal matter. Fees and costs for specific tasks are estimates. Actual fees and costs for specific items may be higher or lower depending on the complexities and unanticipated circumstances that may arise. This budget does not include amounts attributable to legal work following the ruling on Unocal /Chevron's anticipated motion to dismiss, such as discovery, depositions, motion practice (other than defending a motion to dismiss), pre -trial preparation, court conferences, and trial. Finalizing Complaint. $3,500 - $5,000 We have prepared a draft complaint that includes various legal theories in support of the City's claim for cost recovery. Based on our knowledge of the claim and recent negotiations with Chevron/Unocal, we expect Chevron/Unocal to file a motion to dismiss in response to service of the complaint. We can anticipate some of the theories that Chevron/Unocal may assert (e.g., statute of repose and statute of limitations). We plan to prepare selected revisions to the complaint to strengthen the evidentiary and legal basis to defend against the anticipated motion to dismiss. Consultation with Fact and Expert Witnesses. $800 - $1,500 Ken Olson of Liesch Associates, an environmental consulting firm, has been retained as an expert witness to develop technical support for the City's cost recovery claim. Mr. Olson is evaluating the remediation work that was conducted and developing expert support for the actions taken by the City's consultant. We will incorporate selected findings into the complaint. We may also require an affidavit from Mr. Olson in opposition to the expected motion to dismiss, set forth below. If that is the case the fees associated with expert consultation will increase significantly. Liesch Associates' charges are not included in this budget, but a $5000 Liesch retainer has already been submitted for payment. Filing and Service of Complaint/Probable Removal. $300-$400 We plan to serve the complaint and file the action in state district court, Hennepin County. We expect that Chevron/Unocal may immediately seek to remove the action to federal district court. 986168v1 CONFIDENTIAL Attorney Client Privileged Motion to Dismiss. $8,500 - $15,000 In lieu of filing an answer we anticipate that Chevron/Unocal will file a motion to dismiss on various grounds, including an allegation that the City's action is precluded by the statute of repose or the statute of limitations. With regard to the statute of repose, Chevron/Unocal may argue that the City's right to file legal claims expired years ago. A similar argument may be made with regard to the statute of limitations which Chevron/Unocal will argue precludes the lawsuit and serves as a basis for dismissal. Chevron/Unocal will file a memorandum is support its motion to dismiss the case. The City will respond with its own memorandum. We will need to thoroughly research the law cited by Chevron/Unocal specifically related to the points raised in the motion to dismiss, and prepare a brief citing applicable case law and legal argument in support of the City's position. We anticipate that a significant level of effort will be required with the research and drafting of this memorandum. Chevron/Unocal will have an opportunity to file a reply brief and the matter will be set for oral argument. The court will hear oral argument, take the matter under advisement and issue a decision at some later point. Until a ruling is issued, activity on the case will be very limited. Negotiations /Analysis /Strategy $1,000 - $3,000 Throughout this time period we anticipate continued negotiations with Unocal /Chevron. These negotiations will likely consist of telephone conferences and related evaluations and analysis. Throughout this time the City will be kept informed through regular contacts with the City Attorney Steve Sondrall, and attendance at Council meetings as requested. Total Budget $14,100 — $24,900 986168vi CONFIDENTIAL Attorney Client Privileged MO S S & BARiN L A Professional Association Memorandum To: Steve Sondrall From: Joseph G. Maternowski Matthew P. Kostolnik Client: 47546.1 Date: April 4, 2006 Re: City of New Hope/Unocal Claim Analysis CONFIDENTIAL SUBJECT TO ATTORNEY CLIENT PRIVILEGE/ WORK PRODUCT The genesis of this cost - recovery claim against Unocal arises out of soil pollution caused by the operation of a gasoline filling station at 5550 Winnetka. The station was in operation from 1959 to 1975 as a "Pure Oil" filling station. The land was initially owned by Station Development Corporation in 1959, then sold to Mandevco, Inc. in 1960. In 1965, Pure Oil merged with Union Oil of California (a/k/a Unocal). Unocal then owned the land briefly in 1975, prior to purchase by Denny's, Inc. Documentation in the file shows that Unocal acknowledges its ownership of the property. We do not anticipate any factual disputes regarding Unocal's ownership of the land. In 1975, Unocal sold the land to Denny's. Subterranean Engineering, Inc. of Minneapolis, Minnesota, was retained by Denny's to conduct a soil suitability investigation. The purpose of Subterranean's investigation was to determine the general soil and groundwater conditions at the site. Subterranean was interested in determining whether the site would be appropriate for construction of a Denny's restaurant. Subterranean did riot conduct any testing to determine the presence of contaminants, nor does Subterranean's report reference the presence of any contaminants. File documents suggest all underground petroleum storage tanks and related piping were removed at the time of sale. Our file does not contain the records documenting the actual removal of the equipment. The site was operated as a Denny's restaurant from 1975 until 1985. In 1985, the site was sold to Bosa Donuts. Steve Sondrall April 4, 2006 Page 2 CONFIDENTIAL Attorney Client Privileged Z, *11 FIDETIT, FkL_S WORK PRODUCT On April 28, 1988, a petroleum release was reported to the Minnesota Pollution Control Agency (MPCA). Unocal was placed on notice. Unocal voluntarily signed a Letter of Intent to Proceed with Petroleum Tank Release Investigation and Site Stabilization that was received from the MPCA. Unocal retained STS Consultants to conduct an investigation. STS conducted a total of fourteen soil borings in 1988 and 1989. Initial borings confirmed a petroleum release. Interestingly, STS's initial borings in 1998 (nine total) dad not take any samples at the northern half of the site, where an abandoned island was known to be located. Five additional boring samples were taken in 1989. Again, a large portion of the northern half of the site was not tested. Based on the STS reports, the MPCA agreed to close its leak site file, going so far as to characterize the pollution as "minimal." There are no records that any contaminated soil was removed at this time. The MPCA's letter did not relieve Unocal of liability for the documented petroleum release. In early 2000, the City of New Hope (the "City ") and the New Hope Economic Development Authority (EDA) conducted purchase and sale negotiations with then -owner Kiva New Hope Corporation. File documents show that City and the EDA had access to the STS reports and MPCA file. It can be inferred that the City of New Hope and the EDA had knowledge of the contamination and the fact that the contamination had not been remediated, when they purchased the property. Kiva New Hope Corporation was released from any liability by the City. Neither the City nor the EDA conducted any due diligence, such as a Phase I Environmental Site Assessment, to determine the nature and extent of contamination at the time of sale. Rather, after the sale and during demolition of the existing structure and asphalt parking lot (approximately 90% of the surface area of the lot was covered in asphalt), the demolition contractor discovered the polluted soil and the MPCA was notified. There is correspondence from the MPCA dated September 26, 2000, indicating that they have been informed of the release. We can reasonably infer that polluted soil was actually discovered by the demolition contractor prior to that time, but after the purchase and sale of the property was completed in the spring of 2000. On October 30, 2000, the City placed Unocal on notice of the contamination by way of correspondence from City Attorney Steve Sondrall. Unocal was informed that the City hoped to receive reimbursement from the State of Minnesota for 90% of the costs relating Steve Sondrall April 4, 2006 Page 3 CONFIDENTIAL Attorney Client Privileged ,i i ;, i i. �• WO RK PRODU to the investigation and clean up. Unocal confirmed receipt of the correspondence by way of its November 1, 2000 correspondence to Mr. Sondrall. On November 14, 2000, Unocal was informed that based on past studies of site conditions the cost of disposal of the contaminated soil would be approximately $2,000 — $3,000, and that the City would look to Unocal for reimbursement of the costs associated with removal of the soil. Unanticipated quantities of impacted soils were encountered and the actual soil remediation costs totaled over $500,000. The extent of contamination suggested unusual and significant petroleum releases, contaminating virtually the entire northern half of the site. As work progressed on the site Unocal was not kept informed of the claim for a period of nearly four and one -half years. It was not until after remediation had been completed that Unocal was placed on notice of the increased scope of the claim. On May 27, 2005, the City made a formal demand for reimbursement of remediation costs in the amount of $547,000. Not surprisingly, Unocal claims the City had an ongoing obligation to keep Unocal informed about the status of the clean up and related costs. In fact, in researching Unocal's SEC filings, it appears Unocal sets aside significant monetary reserves to undertake clean up and remediation itself. This fact lends credence to Unocal's anticipated argument that had it known of the problem earlier, it would have investigated and conducted clean -up itself (presumably, it will claim, at a reduced cost). Discussions between Unocal and the City have ensued. On February 28, 2006, we wrote on the City's behalf to Unocal restating the demand for reimbursement of costs incurred by the City to remediate impacted soils. To date there has been no offer forthcoming from Unocal. Recently, on March 28, 2006, Tearle W. Harlan of Chevron (who merged with Unocal) contacted our firm and advised of receipt of our correspondence. Mr. Harlan indicated a willingness to investigate the claim and work with us in pursing resolution of the claim. Mr. Harlan understood our need to preserve our claim in light of the approaching limitations period, and did not rule out the possibility of entering into a Tolling Agreement. LIABILITY, CLAIMS AND DEFENSES CONFIDENTIAL Attorney Client Privileged Steve Sondrall April 4, 2006 Page 4 1 i i • I 11 In terms of liability, the City has potential causes of action which include nuisance, trespass, public nuisance, negligence, negligence per se, and misrepresentation. Additionally, district courts in Minnesota have recognized private causes of action under Minn. Stat. Chapter 115C (Petroleum Tank Release Clean Up Act). Nuisance is a statutorily defined cause of action. Minn. Stat. § 561.01 defines nuisance as "anything which is ... indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property." Minn. Stat. §561.01. For an interference with the enjoyment of life or property to constitute a nuisance, it must be material and substantial. Jedneak v. Minneapolis Gen. Elec. Co., 212 Minn. 226, 231, 4 N.W.2d 326, 321 (1942). A court measures the degree of discomfort by the standards of ordinary people in relation to the area where they reside. Id. The wrongful conduct resulting in creation of a nuisance may be intentional conduct, but also can be negligence, ultra hazardous activity, violation of a statute or some other tortious activity. Highview North Apartments v. Ramsey, 323 N.W.2d 65,71 (Minn. 1982). Although the City may also have a cause of action in trespass, the action may more appropriately lie in nuisance. "Although some of the traditional distinctions between nuisance and trespass have become blurred and uncertain, the distinction now accepted is that trespass is an invasion of the plaintiff's right to exclusive possession of the land and nuisance is an interference with the plaintiff s use and enjoyment of the land." Fagerlie v. City of Willmar, 435 N.W.2d 641, 644 (Minn. Ct. App. 1989) (citing Prosser & Keeton on Torts at 622). Where the claim is based on interference with an owner's use and enjoyment of its own land, and not an invasion of the owner's exclusive possession, the action is nuisance, not trespass. Fagerlie, 425 N.W.2d 641, 644. Applying the above distinction, the City's action sounds in nuisance, not trespass. While we potentially have a strict liability claim, its possible courts will not recognize a strict liability claim under our facts. Although the state appellate courts have not foreclosed strict liability of a prior landowner to a subsequent owner for soil contamination, the Eighth Circuit Court of Appeals declined to extend strict liability actions from owners of neighboring parcels to subsequent owners of the same parcel. In Kennedy Building Assoc. v. Viacom, Inc., 375 £3d 731 (8 Cir. 2004) the 8' Circuit reasoned that the rationale for strict liability is that a landowner cannot protect itself from the activities of a neighboring landowner, but that strict liability should not apply to a successor landowner because it could have avoided the harm by inspecting the property Steve Sondrall April 4, 2006 Page 5 CONFIDENTIAL Attorney Client Privileged ATTORNEY CONFIDENTIAL SUBJECT TO PRIVILEGE/ WORK PRODUCT before it bought it. Id. at 740. In this case, to prove up strict liability under the Kennedy case, we would be required to show Unocal's contamination extended beyond its property line. It is my understanding that although we may be able to make that showing, this would expand the lawsuit to include not only prior remediation expenses already incurred by the City, but also future remediation expenses associated with cleaning up pollution outside of the 5550 Winnetka site. This would no doubt require additional investigation and testing to prove up the claim, and would also require that New Hope have standing to bring the claim (i.e., that it owns the other affected parcels). These considerations may make a strict liability claim impractical. In any event, even if we were to make a strict liability claim, we would likely have difficulty avoiding a statute of limitations defense. Minn. Stat. § 541.05, subd. 2, states that "any action based on the strict liability of the defendant and arising from the manufacture, sale, use or consumption of a product shall be commenced within four years." See Minn. Stat. § 541.05, subd. 2. Although the statute is intended to apply to traditional products liability cases, it is applicable to this case on its face. Because New Hope "discovered" some damage in 2000, thus potentially triggering the limitations period, I believe the applicable statute of limitations has already passed. The statute of limitations issue is discussed in greater detail below. Based on the above, we would be unable to survive a motion for summary judgment on the strict liability claims. We also have a potential statutory causes of action based upon a violation of Minn. Stat. Ch. 115C (the Petroleum Tank Release Clean-up Act). Minn. Stat. Ch. 115C does not expressly provide for a private cause of action. However, some plaintiffs have successfully asserted an implied cause of action under the Act. For example, an Anoka County District Court judge found that the Act creates an implied private action in accord with legislative intent and Minnesota's environmental policy. An implied private cause of action would advance the legislative intent of the Act by providing a means of assuring that responsible persons are held liable for clean up costs, and would properly place the expenses and burdens of allocating liability among responsible private parties on the private sector. Interestingly, the Anoka County case cited above found that Minn. Stat. § 541.051, and its two year statute of limitations for all claims arising out of improvements to real property, was applicable. In that case, the Johnstons owned land in Spring Lake Park on which Steve Sondrall April 4, 2006 Page 6 CONFIDENTIAL Attorney Client Privileged CONFIDENTIAL SUBJECT TO ATTORNEY CLIENT PRIVILEGE/ WORK PRODUCT Mobil Oil formerly operated a filling station. Pollution was discovered during demolition of the filling station and removal of the underground tanks. Defendants claimed, and the Court agreed, that the two year statute of limitations for damages arising out of improvements to real property governed the claim. If this statute were applicable in our case, we would have a difficult time surviving a dispositive motion based on the running of the statute of limitations. Based on my research and analysis, we can argue against the applicability of Minn. Stat. § 541.051 pursuant to the "maintenance, operation or inspection" exception to the statute. "Nothing in this section shall apply to actions for damages resulting from negligence in the maintenance, operation or inspection of the real property improvement against the owner or other person in possession." Minn. Stat. § 541.051 subd. 1 (c). Here, the exception clearly applies because the City's claim against Unocal is based upon the negligence of Unocal (or some other entity in possession, if the filling station was not operated by Unocal but rather a Unocal- related entity) in maintaining, operating, and inspecting the site. Assuming the exception applies, then the six year statute of limitations set forth at 541.055 would apply to all claims except the strict liability claims. Obviously, it will be crucial to show that Unocal was the "owner or other person in possession" in order for the exception to apply. The property records show Unocal owned the land only briefly, in 1975. It will be crucial to show that Unocal (f/k/a Pure Oil) was a "person in possession" even when they did not own the land. Otherwise, Unocal may claim only a fractional percentage of any pollution occurred while it owned the land, and that its predecessor Mandevco, Inc., owned the land for the balance of the time. While Unocal may not dispute this point, it is important to anticipate that it will at least raise the argument. In sum, I believe our "best' ' causes of action are nuisance, negligence, negligence per se, as well as an implied cause of action under Chapter 115C. Unocal will no doubt defend by alleging the statute of limitations has run. As stated above, Minn. Stat. § 541.055 provides a six year statute of limitation for actions based upon a contract, a liability created by a statute (e.g. nuisance), trespass, and negligence. Unocal will argue that the City's cause of action accrued when the City became the owner of the property, thus triggering the statute of limitations. This argument has merit. Under Minnesota law, the statute of limitations is triggered when "some" damage is discovered. Dalton v. Dow Chem. Co., 280 Minn. 147, 153, 158 N.W.2d 580, 584 (Minn. CONFIDENTIAL Attorney Client Privileged Steve Sondrall April 4, 2006 Page 7 CONFIDENTIAL SUBJECT TO ATTORNEY CLIENT PRIVILEGE/ WORK PRODUCT 1968) (stating that the cause of action accrues and the applicable statute of limitations begins to run as soon as the plaintiff has sustained some damage). See also Herrmann v. McMenomy & Severson, 590 N.W.2d 641 (Minn. 1999) (stating that a cause of action accrues and the statute of limitations begins to run when the cause of action will survive a motion to dismiss for failure to state a claim upon which relief can be granted). We know that the City was aware of the prior contamination at the time it purchased the property from Kiva New Hope. Additionally, nothing in,the record suggests that the contamination had been remediated. Thus, the City knowingly purchased property that, at least to some degree, was contaminated. As the owner of contaminated property, the City had a cause of action that accrued immediately upon ownership. Upon ownership, the City gained standing to bring a claim, it was aware of "some" damage, and the City's cause of action would not have been dismissed for failure to state a claim. According to the documents in our file, the City purchased the property on or about April 21, 2000. Thus, the statute of limitations would run six years from that date. I am unaware of the date of closing, however, in reviewing the file it appears that purchase of property occurred on or about April 20 or 21, 2000. Regardless of the exact date, it is apparent that the time in which New Hope may bring a claim is coming to an end. There are, of course, arguments that New Hope's cause of action accrued at a later date, however, we should not assume that a court will agree with that interpretation. Because of concerns about the statute of limitations, we recommend that we immediately pursue a Tolling Agreement while at the same time proceed with drafting of a complaint so that the complaint could be served to preserve the City's claims against Unocal. Unocal will also claim it is has been prejudiced because the City did not inform Unocal of its findings until after remediation had been completed. Unocal will argue that it detrimentally relied upon the City's representations that remediation costs would total $2,000 to $3,000. Unocal will claim it relied upon that representation and refrained from conducting its own independent testing and investigation. In hindsight, as soon as the scope of the pollution was discovered to be greater than anticipated, Unocal should have been placed on notice of that fact, and allowed an opportunity to conduct its own testing, investigation and inspection. Instead, Unocal will argue that the best evidence upon which the City bases its claim (the contaminated soil) has now been irretrievably lost. Rather than have the opportunity to conduct its own investigation, Unocal will be forced to rely upon documentation created by City witnesses and cross examination of City witnesses. CONFIDENTIAL Attorney Client Privileged Steve Sondrall April 4, 2006 Page 8 i 1 i i• .. Obviously, the above facts relating to the lack of notice give rise to a spoliation of evidence claim. While the degree of success of a spoliation claim is difficult to predict, it is possible that the City's entire claim could be dismissed with prejudice as a spoliation sanction. In rebutting the spoliation of evidence defense, we will be required to show that the remediation performed by the City was sufficiently well - documented such that Unocal was not prejudiced by its lack of independent investigation and inspection. See Hoffman v. Ford Motor Co., 587 N.W.2d 66, 71 ( " the propriety of a sanction for the spoliation of evidence is determined by the prejudice resulting to the opposing party "). We understand that there is documentation as to the impacted soils and that witnesses are available who were involved in testing the soils at various points in the investigation pursuant to a development plan approved by the MPCA. RECOMMENDATIONS AND EVALUATION Going forward, we would strongly recommend that the City immediately enter into negotiation of a Tolling Agreement and be prepared to commence litigation prior to the six year anniversary date of the City's ownership of 5550 Winnetka. Proceeding in this expedited manner would give the City its best chance of preventing dismissal on the basis of the running of the statute of limitations. Even if suit is timely commenced, we will likely face a Rule 12 motion to dismiss. Assuming we survive the motion, we will engage in time consuming and resource - intensive discovery. Following the discovery period, we will most certainly face a motion for summary judgment. This motion will be based upon the merits of our causes of action, alleged limitations defenses, as well as spoliation of evidence and estoppel/detrimental reliance. In terms of the merits of the City's claim, this area of law is novel enough that it is difficult to predict the potential for defending such a motion. At this time, our best estimate is that we have a 50% to 60% chance of successfully defending a dispositive motion. We may well also face an aggressive motion for spoliation sanctions as a result of failing to advise Unocal of the status of the City's investigation and remediation of 5550 Winnetka. Again, I believe we have a greater than 50% chance of successfully defending a motion to dismiss as a spoliation sanction. Assuming the claim survives motion practice, Unocal will argue that New Hope's Steve Sondrall April 4, 2006 Page 9 CONFIDENTIAL Attorney Client Privileged CONFIDENTIAL SUBJECT TO ATTORNEY CLIENT PRIVILEGE/ WORK PRODUCT allowable damages should be discounted since Unocal was not allowed an opportunity to perform the remediation work itself. Unocal will likely argue that it could have performed the work at a lesser cost. While this may be true, it is a question of fact for the jury and one in which we are comfortable defending. Unocal will also argue that it is not responsible for the increased cost of remediatiog the site from a commercial use to a residential use. Unocal will claim that if it is responsible at all, it is only responsible for the cost of remediation up to an industrial or commercial standard. Assuming Unocal makes such an argument we will need to re- evaluate the claim at that time. Additionally, Unocal will defend by claiming the City was contributorily negligent. For example, Unocal may point out that the City failed to conduct any due diligence in determining the nature and extent of the contamination prior to taking ownership. Additionally, shortly after taking ownership, the City demolished and excavated the black top cover which covered approximately 90% of the site. At the time, the City had knowledge of the contaminated soil. Unocal will argue that without the protective asphalt cover, ground water caused infiltration to occur, driving the contamination to a greater depth. This caused remediation costs to increase, as a greater volume of soil was required to be excavated. Finally, Unocal may argue that the City's testing prior to redevelopment was deficient in that this work failed to detect the scope of impacted soils. Based on the above, we believe we have a greater than 50% chance of ultimately prevailing on the merits. However, in terms of damages, we believe that a jury may discount the total claimed damages based on Unocal's arguments, including that it has been prejudiced and that the City was itself negligent. Assuming a 50% chance of successfully defending a dispositive motion, and accounting for litigation costs, which could be significant, the City may wish to consider a "net" settlement of $180,000 or more. We have reviewed our time incurred to date on this matter. We find that with the time spent on this analysis of the City's claims and potential defenses that may be raised by Unocal we have nearly incurred the entire budgeted amount of $2,000 to $4,000. We estimate that an additional budget of $8,500 to $10,000 will be required to continue discussions with Unocal, negotiate a Tolling Agreement, and prepare, serve and file a complaint. It is possible that the preparation of a complaint may result in a more meaningful exchange with Unocal. We seek your approval to proceed with this next Steve Sondrall April 4, 2006 Page 10 CONFIDENTIAL Attorney Client Privileged CONFIDENTIAL SUBJECT TO O. PRIVILEGE/ WORK PRODUCT stage of work on an expedited basis. s6sszsvl 01- May -07 5550 Winnetka Clean Up: Legal Expenses (2005 -2007) Authorized expend itures- -Mass and Barnett Expenses- =Moss and Barnett Invoice date amount council authorized 02/27/2006 4,000.00 council authorized 04/10/2006 10,000.00 council authorized 09/2512006 10,000.00 council authorized 11/13/2006 10,000.00 council authorized 04/23/2007 14,823.25 outstanding bills TOTAL Barnett 48,823.25 Expenses- =Moss and Barnett Invoice date number amount Moss & Barnett 03/06/2006 433836 1,492.50 Moss & Barnett 04/05/2006 435396 2,544.80 Moss & Barnett 05/02/2006 437218 4,415.00 Moss & Barnett 06/06/2006 439048 1,602.75 Moss & Barnett 07/10/2006 440780 1,347.20 Moss & Barnett 08/03/2006 442381 2,927.03 Moss & Barnett 09/07/2006 444131 2,044.00 Moss & Barnett 10/04/2006 445731 5,001.00 Moss & Barnett 11/02/2006 447279 5,319.05 Moss & Barnett 12/01/2006 449022 1,948.92 Moss & Barnett 12/31/2006 450721 1,823.80 Moss & Barnett 03/08/2007 454693 5,949.50 Moss & Barnett 04/04/2007 455703 3,873.75 Leach invoice ?? 5,000.00 estimate total 45,289.30 Expenses-- ;Sondrall Jensen Anderson Sondrall, P.A. 2005 5,605.00 Jensen Anderson Sondrall, P.A. 2006 6,747.55 Jensen Anderson Sondrall, P.A. 2007 thru 4/25 905.00 total 1 3,257.55 Total legal expenses (2005 -07) 58,546.85 Braun Intertec Corporation Phone: 651.487.3245 1826 Buerkle Road Fax: 651A871 812 Saint Paul, MN 55110 Web: brounintertec.com April 10, 2007 Mr, Kirk McDonald Director of Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: Letter of Engagement for Assistance with Litigation Former Bosa Donuts Site Dear Mr. McDonald: Over the past 2 1/2 years, I have assisted the City in its efforts to recover the Bosa Donuts site cleanup costs from Unocal/Chevron. I have performed this work (at no cost) as a good -faith effort to the City staff and City Council. However, as I anticipate the level of requested assistance from me to increase significantly with potential litigation nearing, I find that I cannot continue to donate my time. Accordingly, Braun Intertec has prepared this Letter of Engagement should the city request further assistance on this matter. Scope of Services As requested by City staff and the City Attorney, Braun Intertec (primarily Doug Bergstrom but assisted by other staff as appropriate) will perform tasks requested of us such as preparing summaries of past work, responding to information requests, and providing testimony during depositions and/or trial. Schedule We will commence work on the project once we have received the signed signature page that is attached to this Letter of Engagement. Once begun, we will take direction from City staff and the City Attorney related to the timing and schedule of the requested assistance. Cost Estimate Costs for completion of the work are not currently known, as City staff and the City Attorney will dictate the scope of the work. For the purposes of this work, Doug Bergstrom's billing rate will b $175 per hour plus expenses; work by others will be billed at our current fee schedule rates. If you wish can prepare individual cost estimates by task once the tasks have been requested of us prior to beginning such work. We appreciate the opportunity to present this Letter of Engagement for your consideration. If you have any questions regarding this proposal, please call Doug at 651.487.7004. Sincerely, UN INT RTE(P CORPORATION Do s5.er V PG CHMM g Principal Scients Celebrating 50 years of growth through service and trust City of New Hope BL- 04- 05896A April 10, 2007 Page 2 Re: Letter of Engagement for Assistance with Litigation Former Bosa Donuts Site Braun Intertec appreciates the opportunity to present this Letter of Engagement to you. It is being presented in duplicate so if it is acceptable, the original can be retained for your records and the copy can be signed and returned to us by fax or U.S. Mail in its entirety as written authorization to proceed. All work will be performed on a time -and- materials basis in accordance with our current fee schedule. The costs presented in this proposal are based on the scope of services described and the assumption that the project will be authorized within 30 days and that the project will be completed within the calendar year 2007. If the project is not authorized within 30 days, we may need to modify the Letter of Engagement. If the project cannot be completed within the proposed schedule due to circumstances beyond our control, revising the Letter of Engagement may be required for completion of the remaining tasks. Payment for services is due within 30 days of receipt of our invoice, with interest added to unpaid balances after 30 days, in accordance with the Professional Services Agreement previously signed by the City of New Hope. Please proceed according to the described scope of services and terms of the Professional Services Agreement: Authorizer's Name (please print or type) Authorizer's Signature Authorizer's Title Authorizer's Firm Date COUNCIL Originating Department City Manager By: Kirk McDonald Acting City Manager BY Approved for Agenda October 22, 2007 Agenda Section Ordinances & Resolutions 002 e 10.2 Resolution approving the settlement agreement with Chevron /Unocal Corporation for reimbursement of soil contamination clean up expenses at 5550 Winnetka and authorizing the city manager and mayor to sign (improvement proiect no. 697) Requested Action Staff recommends adoption of the resolution approving the settlement agreement. Background The city purchased the property at 5550 Winnetka Avenue North in 2000. The existing building was demolished but no cleanup activity was scheduled at that time because no specific project was in place. Development of the property was done through an EDA agreement with Ryland Homes, under which the EDA was responsible for environmental remediation of the site to residential development standards. A subsurface investigation, which included 11 borings, was conducted in May 2004. These results were consistent with results from previous investigations conducted on the site during the 1980s. Total environmental remediation project costs were estimated at $33,000 — $56,750. Excavation work began on August 25, 2004, and was completed September 14. The volume of petroleum contaminated soils discovered during excavation far exceeded the original estimates (13,000 tons vs. estimated 500 tons). The total clean up cost was $547,403. The city has been in contact with Unocal since 2005. Initial responses from Unocal were not favorable. In 2006 the city hired Moss & Barnett to work with the city attorney to pursue a recovery claim against Unocal. As a result of a recent meeting between Mayor Opem and Unocal representatives, a settlement offer of $270,000 was agreed upon. Staff is appreciative of the mayor's efforts. The city attorney has reviewed the proposed settlement agreement and recommends acceptance. Attachments Resolution MOTION BY SECOND BY TO 61 - 7 -- 16 2- 1: \KI AWOmin \q- Unoca1 1 U22U 1 City of New Hope Resolution No. 2007 - 1( 2 Resolution approving the settlement agreement with Chevron/Unocal Corporation for reimbursement of soil contamination clean up expenses at 5550 Winnetka and authorizing the city manager and mayor to sign (improvement project no. 697) BE IT RESOLVED by the New Hope City Council that a settlement agreement of $270,000 has been reached with Chevron /Unocal Corporation and is hereto approved; and BE IT FURTHER RESOLVED that the city manager and mayor are authorized to execute said agreement. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 22nd day of October, 2007. Mayor Attest: 2� Yl�--- - Clerk Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAx (763) 493 -5193 e -mail law@jasattorneys.com LESLIE A. ANDERSON GORDON L. JENSEN' AMY E. PAPENHAUSEN STEVEN A.SONDRALL MELANIE P. PERSELLIN 'Real Property Law Specialist Certified By The Miimesota State Bar Association Writer's Direct Dial No.: (763) 201 -0211 e -hail sasrlasattorneys.com October 18, 2007 Kirk McDonald Acting City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 F XI RAW CI City Council - this is the closed meeting material for 10122107 re Unocal. Re: Resnkrtin - CaM - eeting '_� 55.511...Winnetka -em ue �Valerie Reimbursement Claim Against Unocal /Chevron Our File No.: 99.11323 Dear Kirk: This letter will confirm the phone conference I had with you and Mayor Opem regarding the status of the Settlement Agreement with Unocal /Chevron. Also attached is a proposed copy of the agreement. Unocal /Chevron has yet to approve the agreement, however, in a recent phone conversation with their attorney Daniel Colton, I was informed he would recommend the agreement for approval. Basically, the agreement still provides for a $270,000.00 reimbursement payment to the City for soil contamination clean up at the 5550 Winnetka property. In consideration for this payment, the City will dismiss with prejudice its lawsuit against Unocal /Chevron. The City will further agree to indemnify Unocal /Chevron against any third party claims relating to our 2004 clean up efforts at 5550 Winnetka. Specifically, please refer to subsection I.E. "Contaminant(s)" in the Definitions section on page 2 of the agreement. This section defines contaminants for purposes of our indemnification liability as contaminants under Bass Lake Road or Winnetka Avenue but only if Unocal can show our clean up activities at 5550 Winnetka some how caused contaminants to migrate off the 5550 property and into the soils or groundwater under roadway. It expressly does not include contaminants existing under these roadways prior to the 2004 clean up or contamination not caused by our clean up activities. On page 2 under subsection L. "Property" the definition of property has been clarified to mean 5550 Winnetka and a very small section of 7809 Bass Lake Road. As depicted in Ex. 1 and 3 of the agreement a small portion of 7809 Bass Lake Road was included in the clean up activity. The dotted lines on Ex. 3 show the extent of the excavation limits. On page 5 under subsection G. "Scope of Release, Indemnity and Waiver Regarding Unknown Claims" we will have to waive our statutory tort liability cap. In plain language this means if Unocal /Chevron gets sued by a third party for contamination we caused resulting from our clean up activities the City would be financially liable for amounts in excess of our insurance coverage. Our current coverage is $300,000.00 per claimant and $1,000,000.00 per occurrence. This is not much of a risk since it is unlikely we caused any contamination by our clean up efforts. Also, Unocal /Chevron is insistent that this provision be in the agreement. Therefore, if the Council wants the $270,000.00 payment from Chevron /Unocal we must agree to the removal of these caps. October 18, 2007 Page 2 If you have any questions or comments concerning this letter or the attached agreement, please contact me. Very truly yours, Steven A. Sondrall Enclosure(s) cc: Valerie Leone Curtis Jacobsen CADocuments and Settings \vleonel -ocal Settings \Temporary Internet Files ^,0LK4F4FItr K Mcdonald re settlement agreement and indemnification.doc JENSEN ANDERSON SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAX (763) 493 -5193 e -mail lawC.jasattorneys.com LESLIE A. ANDERSON Writer's Direct Dial No.: (763) 201 -0211 GORDON L. JENSEN' e -mail sas@jasattorneys.com AMY E. PAPENHAUSEN STEVEN A.SONDRALL MELANIE P. PERSELLIN December 14, 2007 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Reimbursement Claim Against Unocal /Chevron Settlement Agreement Our File No.: 99.11323 Dear Val: In follow up to your December 12, 2007 e -mail request, enclosed is an original and fully signed copy of the Settlement Agreement for the City files. Please contact me if you need anything further. Very truly yours, r Steven A. Sondrall Enclosure(s) cc: Kirk McDonald 'Real Property Law Specialist Certified By The Minnesota State Bar Association P: \Attorney \SAS \t Client Filesl2 City of New Hope \99 -' 1323(Unocal)1Ltr V. Leone copy of Settlement Agreement.doc CON.FIDLjV71 L SETTLEMENT AGREEMENT This Settlement Agreement (hereinafter "Settlement Agreement ") is effective this 22 "` day of October 2007, among and between Chevron Corporation ( "Chevron "), Unocal Corporation ( "Unocal "), and the City of New Hope, Minnesota, collectively referred to herein as the "Parties." RECITALS WHEREAS, the City of New Hope purchased property located at 5550 Winnetka Avenue North, City of New hope, Hennepin County, Minnesota (the "Property ") in April 2000, VNIHEREAS, for purposes of managing the petroleum contamination it observed at the Property, the City of New Hope prepared a "Development Response Action Plan" that was reviewed and approved with modifications by MPCA staff in July 2004; WHEREAS, in August and September of 2004, the City of New Hope, as a condition of sale of the Property to The Ryland Croup, Inc., implemented a cleanup of contamination at and adjacent to the Property; WHEREAS, in July 2007, the City of New I-lope commenced but did not file a civil action against Chevron and Unocal in the Fourth Judicial District of the State of Minnesota, styled City of New Dope, a Minnesota municipal cotporation v, Unocal Corporation crud Chevron Corporotiona, which it amended two weeks later, restyled State oflVfrnnesota, by City of Ncw Hope, Minnesota municipal cotporation, card City of Ne1_1 HO)e, a Nlirnlesotct nn.rnicrperl corporation, individually v, Unocal Coaporalion 61nd Chevron Corporation, seeking to obtain a declaration that Unocal and Chevron, due to operations of the retail gas station at the Property, are responsible for the petroleum contamination relating to the Property and all costs the City oi' New Hope incurred relating to the petroleum contamination cleanup; WHEREAS, after removing the matter from the Fourth Judicial District of the State of Minnesota to the United States District Court for the District of Minnesota, Civil File No,: 07- CV- 03653- PJS -RLE ( "Litigation "), Unocal and Chevron filed an Answer denying the allegations in the Amended Complaint and asserting defenses in the Litigation; WHEREAS, Unocal and Chevron deny any responsibility or liability for the Claims asserted in the Litigation; WHEREAS, to avoid costly and time- consuming litigation, the Parties hereto desire to settle, compromise, and terminate this Litigation and any potential future controversies arising out of the environmental conditions associated with the Property, without any admission of responsibility or liability, according to the tenns and conditions specified below; NOW, THEREFORE, in consideration of the foregoing, the terms and mutual covenants set forth below, and other valuable consideration, the Parties hereto agree, without anv admission of liability by either Party, as follows: 40541531 4 104,11540 I. DEFINITIONS A. "Chevron" means Chevron Corporation and each and all of its successors and assigns. B. "CERCLA" means the Comprehensive Environmental Response Compensation and Liability Act ( "CERCLA "), 42 U.S.C. § 9601, et seq., as amended, including, without limitation, any and all implementing regulations. C. "City of New Hope" means the City of New Hope, Minnesota, and each and all of its successors and assigns. D. "Claims" means any and all past, present, and future claims, grounds for complaint, causes of action, rights of action, suits, injuries, guarantees of indebtedness, suretyships, debts, liens, contracts, agreements, damages to personal or real property, promises, liabilities, demands, losses, costs, expenses of any kind, obligations, defenses, set -offs, or recoupments, of any nature whatsoever, which now exist, may exist, or have existed, whether known or unknown (regardless of diligence), direct or consequential, foreseen or unforeseen, fixed or contingent, and whether sounding in statute, regulation, ordinance, tort, contract, or otherwise, which involve, arise from, or relate to the Contamination, Response Costs, the 2004 Cleanup, or any other matters, events, transactions, or circumstances referred to in the Parties' pleadings in the Litigation. E. "Contaminant(s)" or "Contamination" means Hazardous Substances actually or allegedly released onto, into, at, or from the Property, at any time (past, present or future), whether currently known or unknown, which have been, or in the future are, identified in soil, air /gas, or groundwater at the Property; and includes, but is not limited to, the Contamination that the City of New Hope sent off -site for treatment, storage and /or disposal during its 2004 Cleanup as well as any Contamination remaining at the Property after the 2004 Cleanup. It also includes any Contamination located in soils and groundwater beneath Winnetka Avenue North and Bass Lake Road (County Road 10), including any right of ways, public easements, and related sub - grade utility corridors, released from the Property as a result of the 2004 Cleanup. It does not include any contamination existing off the Property prior to the 2004 Cleanup or not caused or released by the 2004 Cleanup. F. "Environmental Law(s)" means any federal or Minnesota statute, code, rule, regulation, or any principle of federal or Minnesota common law, relating to human health, public safety, or to the environment, or regulating or pertaining to prevention or control of pollution, or to the generation, treatment, storage, transport, disposal, remediation, use, management, or handling of, or other exposure to or activity with respect to, any Hazardous Substance. G. "Future" means occurring or incurred on and /or after the effective date of this Settlement Agreement. 4054531.4 2 10441540 CONFIDENTIAL H. "Hazardous Substances" means any and all known and unknown solid, liquid, gaseous, or thermal substances, elements, compounds or mixtures, chemicals, agents, molecules, irritants, pollutants, materials, wastes, or contaminants, including, without limitation, acids, alkalis, metals, petroleum compounds or products or formulations (including crude oil or fractions thereof), toxic chemicals, solid waste, and hazardous waste that are, or may be, disease - causing agents or hazardous to human health, public safety, or the environment, or any materials that are or become subject to any regulation or control under any applicable federal or Minnesota Environmental Law, including, but not limited to, CERCLA, MERLA, and RCRA. I. "Litigation" means the civil action captioned State of Minnesota, by City of New Hope, Minnesota municipal corporation, and City of New Hope, a Minnesota municipal corporation, individually v. Unocal Corporation and Chevron Corporation, Civil File No.: 07- CV- 03653- PJS -RLE, in the United States District Court for the District of Minnesota, as referred to in the foregoing Recitals. J. "MERLA" means the Minnesota Environmental Response and Liability Act, Minn. Stat. Chapter 115B, as amended, including, without limitation, any and all implementing regulations. K. "Past" means occurring or incurred before the effective date of this Settlement Agreement. L. "Property" means the entire property located at 5550 Winnetka Avenue North, City of New Hope, Hennepin County, Minnesota, as generally depicted in Exhibit 1 , and legally described in Exhibit 2 , as well as that portion of 7809 Bass Lake Road adjacent to 5550 Winnetka Avenue North that was included in the 2004 Cleanup, as generally depicted in Exhibit 3. M. "RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., as amended, including, without limitation, any and all implementing regulations. N. "Related Persons" means predecessors, successors, parents, subsidiaries, and related and affiliated entities, and each and all of their respective former, present and future employees, shareholders, owners, officers, directors, consultants, contractors, subcontractors, and insurers, and the successors, heirs, and assigns of any of the foregoing, jointly and severally. O. "Response, Respond, Responding, or Response Action(s)" means that term as defined in CERCLA §§ 101(23), (24), and (25) as of the effective date of this Settlement Agreement. P. "Response Costs" means past and future costs incurred Responding to Contamination. Q. "Settlement Sum" means the payment that Unocal and Chevron are required to make to the City of New Hope under Section IV of this Agreement. 4054531.4 3 10441540 CONFIDENTIAL R. "Third Parties" means any and all persons or entities, including, without limitation, all past, present, and future employees and agents of said entities, other than the Parties. S. "Unocal" means Unocal Corporation and each and all of its successors and assigns. T. "2004 Cleanup" means the petroleum cleanup that the City of New Hope undertook at the Property in 2004. II. RELEASES AND INDEMNIFICATION A. City of New Hope Release of Chevron Except as otherwise expressly provided in this Settlement Agreement, the City of New Hope hereby fully and forever releases and discharges Chevron and its Related Persons from any and all Claims. Notwithstanding the foregoing, nothing in this paragraph shall constitute a release by the Parties of their right to enforce this Settlement Agreement in accordance with its terms. B. City of New Hope Release of Unocal Except as otherwise expressly provided in this Settlement Agreement, the City of New Hope hereby fully and forever releases and discharges Unocal and its Related Persons from any and all Claims. Notwithstanding the foregoing, nothing in this paragraph shall constitute a release by the Parties of their right to enforce this Settlement Agreement in accordance with its terms. C. Chevron's Release of the City of New Hope Except as otherwise expressly provided in this Settlement Agreement, Chevron hereby fully and forever releases and discharges the City of New Hope and its Related Persons from any and all Claims. Notwithstanding the foregoing, nothing in this paragraph shall constitute a release by the Parties of their right to enforce this Settlement Agreement in accordance with its terms. D. Unocal's Release of the City of New Hope Except as otherwise expressly provided in this Settlement Agreement, Unocal hereby fully and forever releases and discharges the City of New Hope and its Related Persons from any and all Claims. Notwithstanding the foregoing, nothing in this paragraph shall constitute a release by the Parties of their right to enforce this Settlement Agreement in accordance with its terms. E. City of New Hope's Agreement to Indemnify Chevron The Parties further agree that, in consideration of the Settlement Sum paid under this Settlement Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged by the City of New Hope, the City of New Hope will indemnify, defend, save and hold harmless Chevron and its Related Persons from and against any and all Claims by Third Parties. Notwithstanding the foregoing, nothing in this paragraph shall constitute a release by the City of New Hope of its right to enforce this Settlement Agreement in accordance with its terms. F. City of New Hope's Agreement to Indemnify Unocal The Parties further agree that, in consideration of the Settlement Sum paid under this Settlement Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby expressly 4054531.4 4 10441540 CONFIDENTIAL acknowledged by the City of New Hope, the City of New Hope will indemnify, defend, save and hold harmless Unocal and its Related Persons from and against any and all Claims by Third Parties. Notwithstanding the foregoing, nothing in this paragraph shall constitute a release by the City of New Hope of its right to enforce this Settlement Agreement in accordance with its terms. G. Scope of Release Indemnity and Waiver Regarding Unknown Claims The Claims released in paragraphs II.A -D and the Claims indemnified in paragraphs II.E and F are made without limitation as to whether such Claims are known or unknown at the time of this Settlement Agreement. Each of the Parties hereby waives any and all rights that it may have under any and all statutes or laws that purport to restrict or limit the releases of unknown Claims, including any municipal immunities or liability limits provided in the Minnesota Municipal Tort Claims Act or other applicable state or federal law. H. Limitation of Release and Indemnity Except as specifically set forth in the definition of Contamination and with respect to any Claims arising as a result of the 2004 Cleanup, the Claims released in paragraphs IIA. -D and the Claims indemnified in paragraphs II.E and F do not operate to release or indemnify any Claims or causes of action of any kind which involve, arise from, or relate to any other property other than the Property. Promptly after execution of this Settlement Agreement and payment of the Settlement Sum, the Parties shall file a Stipulation of Dismissal With Prejudice in the form attached as Exhibit 4 (or in a substantially similar form) to obtain a dismissal of their respective Claims in the Litigation, with prejudice, but without an award of attorneys' fees, costs, or disbursements to either Party. The dismissal of the Litigation shall not be construed to bar the enforcement of this Settlement Agreement. IV. UNOCAL AND CHEVRON PAYMENT TO CITY OF NEW HOPE Within ten (10) days after the effective date of this Settlement Agreement, in exchange for the terms and understandings contained in this Settlement Agreement, Unocal and Chevron shall pay to the City of New Hope the sum total Settlement Amount of Two Hundred Seventy Thousand and no /100 Dollars ($270,000.00), which represents a full and final settlement by Unocal and Chevron with the City of New Hope. A. Entire Agreement This Settlement Agreement constitutes the entire agreement between the Parties relating to the subject matter thereof. No representations, promises, or inducements have been made by the Parties or any of their agents concerning this Settlement Agreement other than the terms and conditions set forth herein. Each of the Parties expressly disclaims and waives any claim of fraudulent inducement, and this Settlement Agreement supersedes all prior agreements and understandings, oral or written, between the Parties with respect to the subject matter hereof. 4054531.4 5 10441540 CONFIDENTIAL B. Applicable Law and Venue 1. Choice of Law This Settlement Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Minnesota without regard to conflicts of law principles. 2. Retention of Jurisdiction Any litigation, action, or court proceeding to enforce this Settlement Agreement must be commenced only in the courts of the United States District Court for the District of Minnesota, unless jurisdiction cannot be conferred therein by this Settlement Agreement of the Parties, then in the courts of the State of Minnesota. 3. Venue Any action or court proceeding to enforce this Settlement Agreement, may be commenced only in the United States District Court for the District of Minnesota, unless jurisdiction cannot be obtained therein, in which case such an action or court proceeding may be commenced only in the courts of the State of Minnesota. The Parties hereby irrevocably consent to the personal jurisdiction of the United States District Court for the District of Minnesota and to the courts of the State of Minnesota for such purposes, and they hereby irrevocably waive any right to object to the assertion by any such court of personal jurisdiction over it for such purposes, whether by motion, defense, or otherwise. C. Successors and Assigns The rights and benefits of this Settlement Agreement may be assigned by the Parties, and the terms and conditions of this Settlement Agreement shall inure to the benefit of the Parties' successors and assigns. The obligations and responsibilities of the Parties under this Settlement Agreement shall be binding on each and all of their respective successors and assigns, and no assignment of this Settlement Agreement or any of its rights and benefits, in whole or in part, nor any corporate restructuring or reorganization of any type or nature, shall relieve either Party of any of its obligations or responsibilities hereunder. D. No Additional Rights Conferred on Third Parties Nothing in this Settlement Agreement is intended to confer any rights on Third Parties other than the legitimate successor and assigns of the Parties. E. No Admission of Liability or Wron doing The Parties have agreed to the terms of this Settlement Agreement only to resolve their disputes and to avoid the costs and burdens of further litigation. Therefore, nothing in this Settlement Agreement, including payment of the Settlement Sum, shall in any way be deemed or construed to constitute an admission of liability or wrongdoing by either Party. F. Compromise of Disputed Claims Under Rule 408 This Settlement Agreement has been drafted and entered into as a compromise of disputed Claims under Rule 408 of the Federal Rules of Evidence, and it shall not be offered or received into evidence in any action or proceeding, including any proceeding in the courts of the State of Minnesota, for any purpose other than to enforce the terms and conditions of this Settlement Agreement or the rights of the Parties in relation thereto. G. Representation by Independent Counsel and Technical Consultants The Parties acknowledge that they have each been represented by their own independent legal counsel and technical consultants in negotiating the terms and conditions of this Settlement Agreement and 4054531.4 6 10441540 CONFIDENTIAL that they are each relying on their own judgment and that of their own legal counsel and technical consultants as to all aspects of this Settlement Agreement. Furthermore, the Parties acknowledge that they have each relied on their own assessments and evaluations of data, including quality assurances with respect to data, or that of their own legal counsel and technical consultants. H. Costs, Disbursement, and Attorney's Fees Except as otherwise expressly provided for herein, the Parties shall each bear their own costs, disbursements, and attorneys' fees in connection with the Litigation, the settlement of the Litigation, and this Settlement Agreement. I. Notices All notices under this Settlement Agreement shall be in writing and shall be sent by both email and by facsimile, a recognized overnight courier service, or U.S. first -class mail to the addresses set forth below. Notices shall be deemed given when received or upon refusal of delivery. Either Party may change its address for notices by giving notice of the same to the other Party at the following addresses: City of New Hope: Kirk McDonald City Manager, City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: (763) 531 -5100 -with copy to: Steven A. Sondrall, Esq. Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, Minnesota 55443 -1968 Phone: (763) 424 -8811 Email: sas(aJasattorneys.com Joseph G. Maternowski, Esq. Moss & Barnett, P.A. 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 -4129 Phone: (612) 877 -5286 Email: maternowskij @moss- bamett.com Chevron/Unocal Tearle W.T. Harlan, Esq. Law Department Chevron U.S.A. Inc. 4054531.4 7 10441540 CONFIDENTIAL 1600 Smith Street, 27th Floor Houston, Texas 77002 Mail: P.O. Box 4386, Houston, Texas 77210 -with copy to: I. Daniel Colton, Esq. Leonard, Street and Deinard Suite 2300, 150 South Fifth Street Minneapolis, Minnesota 55402 Phone: (612) 335 -1836 Email: daniel.colton @leonard.com J. Exhibits The following exhibits are hereby incorporated by reference and constitute an integral part of this Settlement Agreement: Exhibit 1 — Map showing approximate geographic location of the Property] Exhibit 2 — Legal Description of the Property Exhibit 3 — Map showing a portion of 7809 Bass Lake Road adjacent to the Property that was included in the 2004 Cleanup Exhibit 4 - Stipulation and Proposed Order of Dismissal with Prejudice K. Binding Agreement The recitals, terms, and conditions of this Settlement Agreement are contractual in nature and not mere recitals. This Settlement Agreement constitutes a legal, valid, and binding obligation of the Parties, enforceable in accordance with its terms, and it shall inure to the benefit of the Parties and their successors and assigns in accordance with the terms hereof. L. Amendments This Settlement Agreement may be amended or modified only by a written instrument signed by both of the Parties or their successors in interest. M. Captions The captions identifying the articles and paragraphs of this Settlement Agreement are for convenience only, and they do not in any way limit, expand, or modify the terms and conditions of this Settlement Agreement. N. Equal Drafting The Settlement Agreement shall be deemed to have been drafted equally by both Parties. Accordingly, no rule of strict construction shall be applied against or in favor of either Party. O. No Waiver The failure of any Party to insist on strict adherence to any term or condition of this Settlement Agreement shall not be considered a waiver of any rights arising thereunder nor shall it deprive such a Party of the right thereafter to insist upon strict adherence to any and all of the terms and conditions of this Settlement Agreement. 4054531.4 8 10441540 CONFIDENTIAL P. Multiple Counterparts The Settlement Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and the Parties represent and warrant that the person who has executed the Settlement Agreement on their behalf has full authority to do so and to bind them as a Party to the Settlement Agreement. Q. Confidentiality The parties agree that the terms and conditions of the Settlement Agreement are strictly confidential and the parties agree that they will not disclose the terms and conditions of the settlement to anyone except as follows: (i) to their lawyer(s), insurance carrier(s), and tax advisor(s), if any; (ii) unless required to do so by court order; (iii) disclosure by City of New Hope as required by law including the Minnesota Data Practices Act, including presentation of the Settlement Agreement at an open meeting of the City Council of the City of New Hope; and /or (iv) in connection with a motion to enforce this Settlement Agreement, in which case the moving party shall provide 10 days notice of its intention to file the Settlement Agreement with the court. 4054531.4 9 10441540 CONFIDENTIAL IN WITNESS WHEREOF, the undersigned parties entered into this Settlement Agreement to be effective as of the effective date first set forth above. By:� &/ By: Its: L z3T Its: CHEVRO CORPORATION By Its: k 1bi- i z6� aECLZAC-" j 4054531.4 10 10441540 cn ell W"aMYKA. AVOM g CONFIDENTIAL n L3 Ilk Ye e Ix a:� f � SN' 4054531.4 1044154vl WHYFIRTM Legal Description for 5550 Winnetka Avenue North: CONFIDENTIAL That part of Block 2, Winnetka Green, according to the recorded plat thereof, embraced within the following described parcel: That part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, lying North of a line drawn parallel with and 1190 feet North of the South line of said Lot 38, except the East 140 feet thereof. 4054531.4 12 10441540 CONFIDENTIAL I am j I nj I ! f 4054531.4 1044154vl I tP Y rn > zj w I N z K -4 42" z > Z IV tk lu & 0 > > z ju iV 4054531.4 1044154vl Y 4054531.4 1044154vl CONFIDENTIAL 1 �' 1 . I l , . State of Minnesota, by City of New Hope, a Minnesota municipal corporation, and City of New Hope, a Minnesota municipal corporation, individually, Plaintiffs, V. Unocal Corporation and Chevron Corporation, Defendants. Civil File No.: 07 -CV- 03653- PJS -RLE Stipulation of Dismissal All claims in the above - captioned action by and between Plaintiff City of New Hope and Defendants Unocal Corporation and Chevron Corporation have been fully and finally compromised and settled. Therefore, IT IS HEREBY STIPULATED AND AGREED, by and between all parties to this lawsuit, through their respective counsel of record, that, pursuant to Federal Rule of Civil Procedure 41(a)(1), all claims between the parties shall be dismissed with prejudice, on the merits, and without attorneys' fees, costs or disbursements to any party. 4054531.4 14 10441540 CONFIDENTIAL Dated: October , 2007 Joseph G. Maternowski ( #016463X) James F. Baldwin ( #149263) Matthew P. Kostolnik ( #310669) 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 -4129 Telephone: (612) 877 -5000 ATTORNEYS FOR PLAINTIFF CITY OF NEW HOPE Dated: October , 2007 Ilsley Daniel Colton ( #223116) Aleava Rael Sayre ( #0386491) 150 South Fifth Street Suite 2300 Minneapolis, Minnesota 55402 Telephone: (612) 335 -1500 M MW N 4054531.4 10441540 15 EDA Originating Department Approved for Agenda I Agenda Section City Manager/ ( November 26, 2007 I EDA Community Development By: Kirk McDonald, City Manager /CD Director Item No. By 1 4 Motion authorizing payment of $24,415.83 to Moss & Barnett for legal fees related to a cost recovery claim against Unocal /Chevron (improvement project no. 697) Requested Action Staff requests that the Economic Development Authority (EDA) approve a motion authorizing payment of the final Moss & Barnett legal fees related to a cost recovery claim against Unocal for the property at 5550 Winnetka Avenue North in the amount of $24,415.83. The city attorney will be available to answer any questions related to this matter. Policy /Past Practice The city occasionally retains the assistance of outside legal counsel for specialized legal matters. Background In early 2006, the EDA authorized the city attorney to work with attorneys from Moss & Barnett on a cost recovery claim against Unocal /Chevron for contamination clean up that the city undertook in 2004. Per the attached spreadsheet, through May 14, 2007, the EDA authorized expenditures of up to $49,000 for the Moss & Barnett legal costs. Of the $49,000 originally approved, $43,415.83 was expended with a remaining balance of $5,584.17. The EDA reviewed and discussed related legal matters at a closed meeting held on June 11, 2007, discussed a litigation budget and agreed to incur additional expenses related to the cost recovery claim. During the second half of 2007, an additional $32,512.13 was expended. Per the attached correspondence, the city attorney is recommending approval and payment of the final invoices. With the balance of $5,584.17 applied to the $32,512.13, staff is requesting approval of a motion authorizing an additional $24,415.83 in expenditures and approval of the final invoices in the amount of $32,512.13. Per the city attorney, Moss and Barnett was willing to make a $2,512.13 adjustment bringing their final bill to a round figure of $30,000. Therefore, staff recommends approval of a motion authorizing the final payment of $24,415.83 to settle this matter. Motion by f kjJ l- '.c.e,,.. Second by im I: \ RFA \ ADM1N \ q -Auth payment Moss&Barnett Nov 2007. doc Request for Action Page 2 November 26, 2007 As the EDA is aware, the mayor was successful in negotiating a final settlement with Chevron in the amount of $270,000. Funding Staff recommends that the legal costs be reimbursed with a portion of the settlement. Attachments • Expense Sheet • Moss & Barnett Invoices I: \RFA \ADMIN \q -Auth payment Moss &Barnett Nov 2007.doc Unocal /Chevron Claim 2/21/2006 Council authorization 4/10/2006 Council authorization 9/25/2006 Council authorization 11/13/2006 Council authorization 5/14/2007 Council authorization Moss & Barnett Invoice # 433836 435396 444131 442381 440780 439048 437218 445731 447279 449022 450721 454693 455703 457418 459040 461005 462660 464296 465799 467670 Adjustment Liesch Invoice # 0070562.00 - 1 0070562.00 - 2 $ 4,000.00 10,000.00 10,000.00 10,000.00 $ 34,000.00 15,000.00 $ 49,000.00 Total funds authorized G/L account 51751.7040 1751 C Invoice Date G/L Date Amount 6/4/2007 3/6/2006 3/15/2006 $ 1,492.50 Paid 4/5/2006 5/3/2006 2,544.80 Paid 9/7/2006 9/27/2006 2,044.00 Paid 8/3/2006 9/27/2006 2,927.03 Paid 7/10/2006 9/27/2006 1,347.20 Paid 6/6/2006 9/27/2006 1,602.75 Paid 5/2/2006 9/27/2006 4,415.00 Paid 10/4/2006 10/18/2006 5,001.00 Paid 11/2/2006 11/22/2006 5,319.05 Paid 12/1/2006 12/31/2006 1,948.90 Paid 12/31/2006 12/31/2006 1,823.80 Paid 3/8/2007 5/30/2007 5,949.50 Paid 4/4/2007 5/30/2007 3,969.80 Paid $ 40,385.33 5/3/2007 4,295.80 Pending 6/4/2007 1,890.86 Pending 7/6/2007 2,474.50 Pending 8/7/2007 12,354.49 Pending 9/10/2007 4,640.03 Pending 10/2/2007 3,227.40 Pending 11/5/2007 3,629.05 Pending $ 32,512.13 11/20/2007 $ (2,512.13) Per City Attorney Invoice Date G/L Date 3/31/2007 6/13/2007 5/31/2007 6/13/2007 $ 30,000.00 Total pending after adjustment G/L account 51751.7040 1751 C Amount $ 2,354.00 Paid 676.50 Paid $ 3,030.50 $ 43,415.83 Total funds paid $ 30,000.00 Total of pending invoices $ (24,415.83) Authorized funds remaining As of November 20, 2007 -pw G: \Finance \Unocal - Chevron Claim LESLIE A. ANDERSON GORDON L. JENSEN' AMY E. PAPENHAUSEN STEVEN A.SONDRALL MELANIE M. PERSELLIN 'Real Property Law Specialist Certified By The Minnesota State Bar Association Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAY (763) 493 -5193 e -mail lawQjasattorneys.com November 7, 2007 Pam Sylvester -Tatro Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Unocal/Chevron Settlement Moss & Barnett billing statements Our File: 99.11323 Dear Pam: Writer's Direct Dial No.: (?63) 201 -0211 e -mail sas(a jasattomeys. com In follow up to my October 10, 2007, I am sending you the enclosed Moss & Barnett November billing statement. The total billings now add up to $32,512.13. It is my understanding Kirk: is putting the billing issue on the November 26t Council agenda. Call if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosure(s) cc: Kirk McDonald P.\Attorney \SAS \I Clem Files`.2 City of New Hope�99- 11323(Unocaf \6r P.S31vester Nov. 07 billing sont..doe IN ACCOUNT WITH MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4800 WELLS FARGO CENTER • 90 SOUTH SEVENTH STREET • MINNEAPOLIS, MN 55402 (612) 877 -5000 Federal Tax Id # 41- 0943845 November 5, 2007 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE MN 55428 -4843 JGM Client: 47546 Invoice # 467670 Current Amount Due $3,629.05 Amount Due Prior Invoices 28,883.08 Total Amount Due $32,512.13 Remittance Enclosed Please Remit This Page With Payment IN ACCOUNT WITH MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4800 WELLS FARGO CENTER • 90 SOUTH SEVENTH STREET • MINNEAPOLIS, MN 55402 (612) 877-5000 Federal Tax Id # 41-0943845 November 5, 2007 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE MN 55428-4843 Client: 47546 Invoice # 467670 For Professional Services Rendered in Connection With: Matter: 47546.000001 Unocal Cost Recovery Claim 10/01/07 Confer with Mr. Dan Colton, Chevron counsel, regarding settlement terms; review scope of indemnity and release language; review additional revisions that could be made to protect the City's interests. J MATERNOWSKI 1.10 hours at 345.00 per hour. 379.50 10/01/07 Attend telephone conference with Attorney Dan Colton discussing terms of Settlement Agreement; voice mail message to Attorney Sondrall regarding need to discuss Settlement Agreement; analyze and formulate plat following telephone conference with Attorney Colton to finalize Settlement Agreement. M KOSTOLNIK 1.40 hours at 230.00 per hour. 322.00 10/02/07 Examine issues related to settlement agreement; review revised provisions; discussion position and strategy with Mr. Steve Sondrall. J MATERNOWSKI .75 hours at 345.00 per hour. 258.75 10/02/07 Obtain details as to payment terms and transfer of funds from Chevron to the City of New Hope; provide tax identification number and payee information to counsel for Chevron. J MATERNOWSKI .40 hours at 345.00 per hour. 138.00 CITY OF NEW HOPE November 5, 2007 File Number: 47546.000001 Page 2 Invoice Number: 467670 10/02/07 Telephone conference with Attorney Steve Sondrall regarding scope of release, conversation with Attorney Colton, and plan for revising release and resolving matter; prepare revised settlement agreement; prepare e-mail correspondence to Attorney Colton enclosing revised settlement agreement and plan for handling. M KOSTOLNIK 2.40 hours at 230.00 per hour. 552.00 10/05/07 Telephone conference with Dan Colton regarding settlement agreement; prepare e-mail correspondence to Mr. Steve Sondrall regarding status of settlement agreement. M KOSTOLNIK .20 hours at 230.00 per hour. 46.00 10/09/07 Examine Court's Pretrial Order and meet and confer requirements; telephone conference with Attorney Dan Colton regarding settlement agreement and plan for handling of same; prepare e-mail correspondence to Attorney Steve Sondrall regarding status update; prepare e-mail correspondence to Attorney Dan Colton regarding pretrial order and meet and confer requirements. M KOSTOLNIK .30 hours at 230.00 per hour. 69.00 10/10/07 Examine revised Settlement Agreement; review revisions and new terms; advise Mr. Steve Sondrall as to risks of future claims. J MATERNOWSKI .40 hours at 345.00 per hour. 138.00 10/10/07 Examine e-mail correspondence from Attorney Colton and prepare e-mail correspondence to Attorney Colton regarding requirements of court order; examine requirements of court's pretrial order regarding meet and confer; examine Attorney Colton's revisions to settlement agreement, and analyze same with recommendations; prepare e-mail correspondence to Attorney Sondrall with recommendation regarding revised settlement agreement. M KOSTOLNIK .80 hours at 230.00 per hour. 184.00 10/11/07 Examination and analysis of revised settlement agreement by Attorney Colton. M KOSTOLNIK .10 hours at 230.00 per hour. 23.00 CITY OF NEW HOPE November 5, 2007 File Number: 47546.000001 Page 3 Invoice Number: 467670 10/15/07 Examine issues related to scope of indemnities and tort liability cap; discuss with Mr. Steve Sondrall; arrange for telephone conference call. J MATERNOWSKI .40 hours at 345.00 per hour. 138.00 10/15/07 Voice mail message from Attorney Sondrall regarding telephone conference call with Attorney Colton; voice mail message to Attorney Colton regarding telephone conference call regarding settlement agreement; e-mail communication to Attorney Colton regarding settlement agreement; e-mail correspondence to Attorney Sondrall regarding plans to discuss settlement agreement; analysis of potential revisions to draft of settlement agreement by Attorney Colton; voice mail message from Attorney Colton regarding meeting; e-mail correspondence to Attorney Colton confirming meeting. M KOSTOLNIK .50 hours at 230.00 per hour. 115.00 10/16/07 Participate in conference call with Mr. Steve Sondrall and Mr. Dan Colton; examine revised settlement terms and transmittal to Mr. Dan Colton providing revisions; review time line for City Council submission. J MATERNOWSKI 1.00 hours at 345.00 per hour. 345.00 10/16/07 Attend telephone conference call with Attorney Dan Colton, Attorney Steve Sondrall, and Attorney Joe Maternowski regarding settlement agreement and revision to same; communicate with Attorney Sondrall through voice mail message and e-mail regarding revisions to settlement agreement; prepare and complete revisions to settlement agreement; prepare e-mail correspondence to Attorney Colton enclosing revisions to settlement agreement with language regarding confidentiality. M KOSTOLNIK 1.90 hours at 230.00 per hour. 437.00 10/17/07 Examine e-mail correspondence from Attorney Colton indicating he had not received the Settlement Agreement and forward original e-mail correspondence to attorney Colton enclosing Settlement Agreement from October 15. M KOSTOLNIK .10 hours at 230.00 per hour. 23.00 CITY OF NEW HOPE November 5, 2007 File Number: 47546.000001 Page 4 Invoice Number: 467670 10/18/07 Examine e-mail correspondence from and prepare e-mail correspondence to Attorney Colton regarding time limitations on approval of settlement agreement; examine e-mail correspondence from Attorney Colton requesting clean version of settlement agreement draft, prepare clean version of settlement agreement draft, and provide same to Attorney Colton; e-mail correspondence to Attorney Colton enclosing clean version of settlement agreement per his request; examine e -mail correspondence from Attorney Colton and examine final version of settlement agreement; prepare e-mail correspondence to Attorney Colton enclosing final version of settlement agreement; telephone conference with Mr. Sondrall regarding finalizing terms of settlement agreement; finalize settlement agreement by examining text and verifying accuracy, adding effective date, formatting margins, and removing draft watermark; pdf settlement agreement; ensure that Exhibit 1 to settlement agreement is available; prepare e-mail correspondence to Attorney Colton enclosing draft settlement agreement and setting forth plan for execution and payment; examine e-mail correspondence from Attorney Sondrall regarding plan for handling of settlement documents. M KOSTOLNIK 1.40 hours at 230.00 per hour. 322.00 10/22/07 Voice mail message to Attorney Dan Colton regarding contacting court for purposes of notifying court of settlement and continuance of October 24 Rule 26(f) conference. M KOSTOLNIK .10 hours at 230.00 per hour. 23.00 10/23/07 Telephone conference with judicial assistant Victoria Miller regarding fact of settlement and her direction regarding filing of letter confirming settlement; prepare letter to court confirming settlement and electronically file same; examine e-mail correspondence from Attorney Sondrall and prepare e-mail correspondence to Attorney Sondrall enclosing copy of letter filed with the court regarding settlement of case. M KOSTOLNIK .30 hours at 230.00 per hour. 69.00 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 467670 November 5, 2007 Page 5 10/24/07 Examine e-mail correspondence and prepare e-mail correspondence to Attorney Colton regarding plan for handling of settlement documents and stipulation of dismissal with prejudice. M KOSTOLNIK .10 hours at 230.00 per hour. 23.00 Total For Services $3,605.25 Disbursements Photocopies 23.80 Total Disbursements $23.80 Total This Invoice $3,629.05 ivf ivfcvvi vo. Ic rnA (00 400 alai JunburimnuersonSonurall GNH toQQ2 /024 ENti7E1\ ANDERSON SO DRAL49 P.A. Attorneys At Law 8525 EDINBROOK 010, INC. STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TEUPYIONE (763) 424 -8811 $ TELEFAX (763) 493 -5193 e -III a i l law*jasattorneys_co m LRSI,7E A. ANDERSON GORDON L..1ENsFN AMY E. PAPENHAIJSFN 5TEVxN A. SONIIRALL MELANIX M. PF.RSI I1,rN 'Read Properly Law Speeialin Cmditd By The Manrie$oltj Stacy Har Ae¢Mta(9on October 10, 2007 Pam Sylvester -Tatro Community Development City of New Dope 4401 Xylon Avenue North New Hope, MN 55428 PW: Unocal /Chevron Settlement Moss & Barnett billing statements Our File; 99.11323 Dear Pam; M /riser's l)ireri DimsNo.' (763) 2t)1 -0211 e -mail sc s*asaitomevs, rom Via facsimile transmission and by Regular Mail In follow up to my phone conversation with Kirk, I ain sending you the enclosed Moss & Barnett billing statements for the months of May through October 2007 in connection with the Unocal /Chevron lawsuit. The total billings add up to $28,883.08. 1 intend to discuss these billings with roe Maternowski and ask for a reduction. As a result. I am not yet recommending The entire amount be paid at this time. Call if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosure(s) cc. Kirk McDonald 1"cAtt0e1WylSAS \t Client RION2 CO yr Ncw Hope \99 1192301ncv:nllkhr I` FylyCSTCr may • occ. 07 billing Amin .din: i vi i vt a. vv i vo . i o r nt% 100 400 LJ100 jun6un A nud r sun bun u r a ii UNH 19 UUJ/VZ4 IN ACCOUNT WITH MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4800 WELLS FARGO CENTER • 90 SOUTH SEVENTH STREET • MINNEAPOLIS, MN 55402 (612) 877-5000 Federal Tax Id # 41-0943845 May 3, 2007 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE MN 55428-4843 For Professional Services Rendered in Connection With: Client. 47546 Invoice # 457418 Matter: 47546.000001 Unocal Cost Recovery Claim 04/03/07 Examine status of discussions With Chevron counsel. J MATERNOWSKT .40 hours at 345.00 per hour. 138.00 04/03/07 Telephone conference with Attorney Dan Colton regarding expert review and early neutral evaluation and future handling. M KOSTOLNIK .50 hours at 230.00 per hour. 115.00 04/05/07 Confer with Mr. Steve Sondrall regarding review completed by Mr. Ken Olson; review discussions with counsel for Chevron; develop strategy to respond to concerns of Mayor and City Council. J MATERNOWSKI 1.00 hours at 345.00 per hour. 345.00 04/06, Telephone conference with Mr. Ken Olson regarding information to be obtained from Mr. Doug Bergstrom; voicemail message to Mr. Doug Bergstrom regarding forthcoming telephone call from Mr. Ken Olson; prepare e-mail correspondence to Mr. Ken Olson regarding contact information for Mr. Bergstrom. M KOSTOLNIK .30 hours at 230.00 per hour. 69.00 04/10/07 Confer with counsel for Chevron regarding Tolling Agreement extension. J MATERNOWSKI .30 hours at 345.00 per hour. 103.50 IV/]U/ZUV( Qb:]J IAX (bJ 48J b]dJ jensenAndersonsonaraii UNH—UH 10 UQ4/Q24 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 457418 May 3, 2007 Page 2 04/10/07 Prepare addendum to tolling agreement; telephone conference with Attorney Colton regarding status of future handling; e-mail correspondence to Attorney Sondrall enclosing addendum to tolling agreement. M KOSTOLNIK .75 hours at 230.00 per hour. 172.50 04/11/07 E-mail correspondence to Attorney Colton enclosing tolling agreement and addendum to second addendum to tolling agreement; voicemail message to Attorney Colton regarding need for signed addendum tolling agreement; .telephone conference with Attorney Colton regarding status of tolling agreement; second telephone conference with Attorney Colton regarding tolling agreement, experts, and neutral evaluation; e-mail memo to file-regarding same. M KOSTOLNIK .50 hours at 230.00 per hour. 115.00 04/12/07 Examine issues related to statute of limitation; review status of execution and copies of document. J MATERNOWSKI .40 hours at 345.00 per hour. 138.00 04/12/07 Multiple e-mail correspondence regarding addendum to tolling agreement; examine executed tolling agreements and prepare correspondence to Attorney Colton enclosing fully executed second addendum to tolling agreement. M KOSTOLNIK .40 hours at 230.00 per hour. 92.00 04/13/07 E-mail correspondence to and from expert Ken Olson regarding status and future handling. M KOSTOLNIK .10 hours at 230-00 per hour. 23.00 04/17/07 Commence preparation of litigation budget. M KOSTOLNIK .20 hours at 230.00 per hour. 46.00 04/18/07 Examine e-mail regarding status update from expert Ken Olson. M XOSTOLNIX 10 hours at 230.00 per hour. 23.00 04/23/07 Examine status discuss next steps and preparation for filing of complaint; confer with Mr. Steve Sondrall regarding budget and strategy issues. J MATERNOWSKI .75 hours at 345.00 per hour. 258.75 IV/ IV/ ZVV r VZj .- Ij I A 7N (bJ 4UJ 0 Idd jensenAnaersonsonaraii -3 ' UNH to VQt)/UZ4 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 457418 May 3, 2007 Page 3 04/23/07 Prepare for meeting with New Hope City Council; analysis of litigation budget; e-mail correspondence to and from Mr. Ken Olson regarding status of his examination of additional documents from Mr. Bergstrom; telephone conference with Mr. Steve Sondrall regarding New Hope City Council meeting; attend and travel to and from New Hope City Council meeting. M KOSTOLNIK 3.00 hours at 230.00 per hour. 690.00 04/24/07 Confer with Mr. Steve Sondrall regarding requests for memoranda and budget; prepare message regarding budget details related to City representation. %T MATERNOWSKI .60 hours at 345.00 per hour. 207.00 04/24/07 Coordinate production of e-mails and attachments to New Hope City Council per their request. M KOSTOLNIK 1.10 hours at 230.00 per hour. 253.00 04/25/07 Prepare budget for initial phase of litigation in response to request from counsel. J MATERNOWSKI .50 hours at 345.00 per hour. 172.50 04/25/07 Coordinate production of materials to be produced to counsel by examination of e-mail correspondence and documents on system- M KOSTOLNIK .30 hours at 230.00 per hour. 69.00 04/26/07 Examine revised budget and the need for specific documentation to be prepared at request of City Council. J MATERNOWSKI .50 hours at 345.00 per hour. 172.50 04/26/07 Prepare litigation budget; e-mail correspondence to and from Attorney Dan Colton regarding status. M KOSTOLNIK 1.10 hours at 230.00 per hour. 253.00 04/30/07 Organize materials to he presented to City Council documenting past work and efforts on behalf of the City; review Mr. Sondrall's message about the budget for next phase of work. J MATERNOWSKI .65 hours at 345.00 per hour. 224.25 IQ/ IV/ZUQ ( Q8 : 14 I-AX (bJ 48� bl8J JensenAndersonSondrall UNH 19006/024 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 457418 May 3, 2007 Page 4 04/30/07 Attend conference call with Attorney Sondrall and Kim Berggren regarding documents and files to be provided to New Hope City Council and method and plan for same; examine entire file and assemble informational packet to be provided to City Council. M KOSTOLNIK 2.60 hours at 230.00 per hour. 598.00 Total For Services $4,278.00 Disbursements Photocopies 17.80 Total Disbursements $17.80 Total This Invoice $4,295.80 IV/IV14VVI V0.14 rMA fb11 400 0 Idd jensen8naersonsonaraii 4 UNH-GH 16007/024 IN ACCOUNT WITH A PROFESSIONAL ASSOCIATION 4800 WELLS FARGO CENTER ® 90 SOUTH SEVENTH STREET • MINNEAPOLIS, MN 55402 (612) 877-5000 Federal Tax Id # 41-0943845 June 4, 2007 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE MN 55428-4843 For Professional Services Rendered in Connection With: Client: 47546 Invoice # 459040 Matter: 47546.000001 Unocal Cost Recovery Claim 05/01/07 Continue and complete information brochure to City of New Hope in response to request from City. M KOSTOLNIX SO hours at 230.00 per hour. 115,00 05/03/07 E-mail correspondence to Mr. Ken Olson regarding status; telephone conference with Mr. Ken Olson regarding his examination of Bergstrom materials and his opinions and conclusions; prepare memo to the file regarding telephone conference with expert Ken Olson. M XOSTOLNIK .60 hours at 230.00 per hour. 138.00 05/09/07 Confer with Mr. Steve Sondrall regarding City Council meeting and next steps; review issues including further negotiation with Chevron; review concerns regarding litigation costs and need to determine whether Chevron will make an offer. J MATERNOWSKI .50 hours at 345.00 per hour. 172,50 05/09/07 E-mail correspondence to and from Attorney Colton regarding telephone conference; analysis of City's desired handling of case, going forward, including filing and further negotiation. M KOSTOLNIK .50 hours at 230.00 per hour. 115.00 05/15/07 Confer with counsel for Chevron Unocal; discuss request for additional technical data; review response received from Mr. Steve sondrall. J MATERNOWSKI .65 hours at 345.00 per hour. 224.25 IQ/IQ /200( 08:14 FAX 763 483 5193 JensenAndersonSondrall 4 CNH-CH 1a008/024 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 459040 June 4, 2007 Page 2 05/15/07 Prepare for telephone conference with Attorney Colton; attend telephone conference with Attorney Colton; attend telephone conference with Attorney Sondrall; prepare notes to file regarding telephone conferences with Attorney Colton and Attorney Sondrall; telephone conference with Mr. Ken Olson regarding additional information received from Bergstrom. M KOSTOLNIK 2.30 hours at 230.00 per hour. 529.00 05/17/07 Examine notes received from consultant; review details contained within the notes as to sampling and excavation work conducted by DEI. LT MATERNOWSKI .40 hours at 345.00 per hour. 138.00 05/17/07 Commence examination of e-mail correspondence from expert Ken Olson regarding information he received from Doug Bergstrom. M KOSTOLLNIK .70 hours at 230.00 per hour. 161.00 05/18/07 Prepare message to Mr. Dan Colton regarding New Hope deadlines for an offer and date when matter must be resolved. J MATERNOWSKI .40 hours at 345.00 per hour. 138.00 OS/24/07 Examine response received from Leonard Street firm; forward same to Mr. Steve Sondrall for review, include past message as to deadlines. J MATERNOWSKI .40 hours at 345.00 per hour. 138.00 Total For Services $1,868.75 Disbursements Photocopies .60 05/01/07 Cash Disbursements: - VENDOR: METRO LEGAL 21.51 SERVICES INC Courier Service Total Disbursements $22.11 Total This Invoice $1,890.86 jum:iun A rwe rsumsun a rail UNH-UH IN ACCOUNT WITH A PROFESSIONAL ASSOCIATION 4800 WELLS FARGO CENTER • 90 SOUTH SEVENTH STREET • MINNEAPOLIS, MN 55402 (612) 977-5000 Federal Tax Id # 41-0943845 July 6, 2007 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE MN SS426-4843 For Professional Services Renderea in cannection with: 19009/024 Client: 47546 Invoice # 461005 Matter: 47546.000001 Unocal Cost Recovery Claim 06104/07 Examine letter received from Mr. Dan Colton; evaluate letter and discuss next steps with Mr. Steve Sondrall; begin review of Maim of fraud and misrepresentation; review factual basis for claim in current record. P- MATEPNOWSKI .50 hours at 345.00 per hour. 172-50 06/04/07 Examine and analyze correspondence from Attorney Colton regarding Chevron's assessment of liability and damages, and proposal for future handling; telephone conference with expert Ken Olson regarding factual basis for misrepresentation/fraud theory, evidentiary concerns, and idea of expert conference and exchange of information; prepare memorandum to file outlining telephone conference with expert Ken Olson. M KOSTOLNIK 1.50 hours at 230.00 per hour. 345.00 06/05/07 Continlue preparat`cn of -me mt.; - 1-z, telephone conference with Ken Olson; analyze handling following June 14 council meeting. M KOSTOLNIX .40 hours at 230.00 per hour. 92.00 06/08/07 Confer with Mr. Steve Sondrall regarding City Council's request; review issues raised by City Council. J MATERNOWSKI .30 hours at 345.00 per hour. 103-50 I V/ IV/ zVV I Vzi '. 10 1- 8 A fb�J 4dj ti Idd jensenAnuerson5ondraii UNH-CH 19010/024 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 461005 July 6, 2007 Page 2 06/08/07 Examine e-mail correspondence from Attorney Sondrall and council member Stauner regarding litigation strategy and evaluation; analysis of issues to be heard at June 14 council meeting. M KOSTOLNIK .20 hours at 230.00 per hour. 46.00 06/11/07 Prepare for and attend City of New Hope City Council meeting; confer with Mr. Steve Sondrall; examine recent exchanges with counsel for Chevron; present background and status to City Cv,,Mcii. J MATERNOWSKI 1.50 hours at 345,00 per hour. 517.50 06/11/07 Prepare for City Council meeting by analysis of litigation strategy and recommendations regarding same. M KOSTOLNIK 1.10 hours at 230,.00 per hour. 253.00 06/12/07 Analysis of June 11, 2007 City Council meeting and plan for future handling. M KOSTOLNIK .40 hours at 230.00 per hour. 92.00 06/18/07 Confer with Mr. Dan Colton regarding City Council's decisicn zo proceed with suit; review status with Mr. Steve Sondrall; prepare revisions of complaint. J MATERNOWSKI .40 hours at 345,00 per hour. 136-00 06/18/07 Prepare for meeting with Attorney Dan Colton by examination of Leisch a Associates file; attend telephone conference with Dan Colton regarding notice of termination of tolling agreement; voicemail message to Attorney Sondrall ' regarding tel.phon� confer: with Ar:LtLl= Zy Colton and notice to terminate tolling agreement; prepare notice of termination of tolling agreement; examine complaint and continue preparation of same to prepare for service and filing, M KOSTOLNIK 1.30 hours at 230.00 per hour. 299.00 06/26/07 Examine letter received from Leonard Street firm; review offer to pay for mediation and request for a meeting. J MATERNOWSKI .30 hours at 345.00 per hour. 103,50 i of i vi vv i vo . i :j r tM (00 400 0100 jensen8naerson6onaraii 3 UNN-UH 10011/024 1 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 461005 06/27/07 Examine and comment on Chevron's offer to mediate or enter settlement discussions; prepare e-mail to Mr. Steve Sondrall. J MATERNOWSKI .40 hours at 345.00 per hour. 06/29/07 Confer with Mr. Steve Sondrall regarding chevron letter suggesting mediation or conference; discuss possible options; review timing related to the filing of the complaint. J MATERNOWSKI SO hours at 345.00 per hour. July 6, 2007 Page 3 Total For Services Disbursements 5. . �W Total Disbursements Total This Invoice 138.00 172.50 $2,472.50 2,00 $2.00 $2,474.50 IV I IV I Lvv f VZ1 . I b r 8 A (bJ 4ZJd 0 Idd jensen8nuersonsonaraii 4 UNH 19012/024 IN ACCOUNT WITH MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4800 WELLS FARGO CENTER • 90 SOUTH SEVENTH STREET • MINNEAPOLIS, MN 55402 (612) 877-5000 Federal Tax Id # 41-0943845 August 7, 2007 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE MN 55428-4843 For Professional Services Rendered in Connection With: matter: 47546.000001 Unocal Cost Recovery Claim Client: 47546 Invoice # 462660 07/02/07 Confer with Mr. Steve Sondrall regarding negotiation with Chevron; confer with Mr. Dan Colton regarding to offer to negotiate in person. LT MATERNOWSKI .35 hours at 345.00 per hour. 120.75 07/09/07 Continue preparation of Complaint for sex M KOSTOLNIK .60 hours at 230.00 per hour. 138.00 07/10/07 Conduct analysis of state and federal case law and secondary sources regarding petroleum cleanup cost recovery actions. M KOSTOLNIK 2.30 hours at 230.00 per hour. 529.00 07/13/07 Examine issues related to complaint review content and possibility of adding language to support City's claims- J MATERNOWSKI .50 hours at 345.00 per hour- 172.50 07/13/07 Continue preparation of Complaint; legal research of state and federal case law regarding stigma damages, successor liability, statutory claims, nuisance, private cause of action general statute, statutory claims, and common law claims for purposes of finalizing Complaint. M KOSTOLNIK 9.40 hours at 230-00 per hour. 1472.00 07/13/07 Perform research on pleading requirements - under Minnesota Statute Section 8.31 Subd. 3a, the "Private Attorney General Statute." A MALEC .50 hours at 125.00 per hour. 62.50 1011Q12QQ( 08:18 FAX (63 483 5183 JensenAndersonSondrall 4 UNH-CH 16013/024 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 462660 August 7, 2007 Page 2 07/15/07 Legal research by review of case law and statutory law regarding statute of limitations of applicable claims; analyze accrual date of City of New Hope's causes of action; analyze various potential causes of action including nuisance, trespass, negligence, negligence per se, strict liability, and statutory causes of action; examine entire file for purposes of preparing evaluation of claim. M KOSTOLNIK 2.50 hours at 230.00 per hour. 575.00 07/16/07 Examine message received from Mr. Dan Colton; prepare transcript of same and forward to Mr. Steve Sondrall. J MATERNOWSKI .50 hours at 345.00 per hour. 172.50 07/16/07 Continue preparation of Complaint by research of private cause of action and completion of introduction section. M. KOSTOLNIK 1.30 hours at 230.00 per hour. 299.00 07/17/07 Examine and comment on draft complaint; prepare revisions to complaint; add text to highlight Unocal/Chevron responsibility for the contamination at the site; confer with Mr. Steve Sondrall regarding timing of service of the complaint and setting a meeting between Chevron representative and the Mayor. J MATERNOWSX1 1.00 hours at 345.00 per hour. 345.00 07/17/07 Continue preparation of Complaint by examination of entire City Attorney file, including additional of facts from DET investigation and reports; examine expert Ken Olson subfolder to add additional facts to Complaint; analyze and continue preparation of Complaint. M KOSTOLWTK 4.10 hours at 230.00 per hour. 943.00 07/18/07 Continue preparation of Complaint fact section and 115C liability section; prepare e-mail correspondence to Attorney Sondrall regarding Complaint; legal research of Minnesota Environmental Rights Act; prepare revised Summons. M KOSTOLNIK 1.90 hours at 230.00 per hour. 368.00 10/10,/2007 09:16 FAX 763 493 5183 JensenAndersonSondrall 4 CNN -CH [&014/024 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 462660 August 7, 2007 Page 3 07/18/07 Review Complaint; check accuracy of statutes and rules cited. J LIN .80 hours at 120.00 per hour. 96.00 07/19/07 Analyze/revise proposed Complaint. J BALDWIN 1.00 hours at 395.00 per hour. 395.00 07/19/07 Prepare modifications to Complaint, and analyze statute of limitations issues and prospect of amending after service. LT BALDWIN .40 hours at 395.00 per hour. 158.00 07/19/07 Finalize Complaint by incorporating Attorney Baldwin comments; prepare service correspondence; serve Complaint. M KOSTOLNIK 2.00 hours at 230.00 per hour. 460.00 07/23/07 Legal research of Federal Rules of Civil Procedure 81(c) regarding jury trial demand within ten days of removal; legal research regarding successor liability, service on Chevron, jurisdiction, and venue; serve Complaint on Chevron Corporation via Delaware agent for service; continue preparation of possible amended complaint. M KOSTOLNIK 2.90 hours at 230-00 per hour, 667.00 07/24/07 Conduct analysis of proposed Amended Complaint. J BALDWIN .75 hours at 395.00 per hour. 296.25 07/24/07 Analyze sections of complaint; continue preparation of proposed amended complaint; legal research of 116B as potential cause of action examine file material to determine legal of notice to Unocal. M KOSTOLNIK 2.90 hours at 230.00 per hour. 667.00 07/24/07 Research case law regarding bringing claim for remediation under Minnesota Environmental Rights Act. M SCHJODT 1,20 hours at 110.00 per hour. 132.00 07/25, Examine potential for Minnesota Environmental Rights Act claim to be included as part of amended complaint to Chevron; review applicability of the law. J MATERNOWSKI .50 hours at 345.00 per hour. 172.50 — , — . I I nA 1" 401) J100 jurjsenmnuarson�onuraii 4 UNH-CH 16015/024 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 462660 August 7, 2007 Page 4 07/25/07 Continue preparation of amended complaint; legal research of Minn. Stat. Ch. 116B. M XOSTOLSIX .60 hours at 230.00 per hour. 138.00 07/26/07 Prepare revisions to amended complaint; revise materials related to the Minnesota Environmental Rights Act count. J MATERNOWSKI 1.20 hours at 345.00 per hour. 414.00 07/26/07 Continue preparation of Amended Complaint, including inclusion of declaratory judgment count and MERA count; legal research of Kennedy Building Associates case and Minn. Stat. Ch. 116B and Chapter 555; legal research of secondary sources regarding pleading of MERA claim. M KOSTOLNIX 2.60 hours at 230,40 per hour. 598.00 07/26/07 Revise Complaint; research new counts for declaratory judgment, case law, statutes and rules; added two new counts based on research. J LIX 1.00 hours at 120.00 per hour. 120.00 07/26/07 Perform research, obtain reference sources and an example of a complaint for actions under the Minnesota Environmental Rights Act. A MALEC .80 hours at 125.00 per hour. 100.00 07/27/07 Conduct additional review of amended Complaint. J BALDWIN -50 hours at 395.00 per hour. 197.50 07/27/07 Examine proposed revisions to the amended compliant; review additional sections related to Minnesota Environmental Rights Act claim and additional prayer for relief for declaratory judgment; evaluate final draft of amended complaint. J MATERNOWSKI 1.45 hours at 345.00 per hour. 500.25 07/27/07 Continue and complete preparation of amended complaint; arrange for sex of amended complaint on Chevron and Unocal; legal research of Minn. Stat, Ch. 555; legal research regarding Minn. Stat. Ch. 116B. M KOSTOLNIK 4.20 hours at 230.00 per hour. 966.00 1V11V14VV1 VZJ.1f r8A (bJ 4dd t)IUJ JensenAndersonSondrall 4 CNH-CH Z016/024 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 462660 August 7, 2007 Page 5 07/27/07 Research service requirements for Attorney General and Pollution Control Agency; research case law regarding declaratory judgments for possibility to plead damages. J LIN 1.00 hours at 120.00 per hour. 120.00 07/30/07 Confer with Mr. Steve Sondrall as to the availability of Mayor Opem for meeting with Chevron; prepare message to counsel for Chevron as to Mayor's schedule; review requirements as to public notice contained in the Minnesota Environmental Rights Act. LT MATERNOWSKI .60 hours at 345.00 per hour. 207-00 07/30/07 Research commencement of action as defined by statutes and rules; draft memorandum regarding same; research legal publications for complying with Minn. Stat. Section 1160.03, subd- 2- J LIN 2.50 hours at 120.00 per hour. 300.00 07/31/07 Examine issues related to service on parties; evaluate Minnesota Environmental Rights Act public notice provision requirement. J MATERNOWSKI .35 hours at 345.00 per hour. 120.75 Total For Services $12,022.50 Disbursements Photocopies 105.60 07/19/07 Cash Disbursements: - VENDOR: METRO LEGAL 7.60 SERVICES INC Courier Service 07/19/07 Cash Disbursements: - VENDOR: METRO LEGAL 5.00 SERVICES INC Last Hour Surcharge 07/19/07 CASH DISBURSEMENT - - VENDOR: METRO LEGAL 55.00 SERVICES INC Legal Process Service 07/24/07 Westlaw Computer Assisted Legal Research 152.74 07/27/07 Cash Disbursements. - VENDOR. METRO LEGAL 9.05 SERVICES INC Courier Service Total Disbursements $331.99 Total This Invoice $12,354.49 1V/1Q/2QQ( 0a:1( FAX 163 483 5193 JensenAndersonSondrali j CNH-CH IN ACCOUNT WITH MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4800 WELLS FARGO CENTER ® 90 SOUTH SEVENTH STREET • MINNEAPOLIS, MN 55402 (612) 877-5000 Federal Tax Id # 41-0943845 September 10, 2007 CITY OF NEW HOPE 4401 XYLO14 AVENUE NORTH NEW HOPE MN 55428-4843 For Professional Services Rendered in Connection With: Matter: 47546.000001 Unocal Cost Recovery Claim 08/01/07 Review public notice requirements for Minnesota Z 017/024 Client: 47546 Invoice # 464296 08/07/07 Continue preparation of Finance & Commerce notice per Minn. Stat. Ch. 116B requirements; analyze potential response to possible request for extension to answer; examine Lin research memo regarding Finance & Commerce notice requirements. M KOSTOLNIX 1.00 hours at 230.00 per hour- 230.00 Environmental Rights Act claim. J MATERNOWSKI .70 hours at 3.45.00 per hour. 241.50 08/06/07 Examine issues related to public notice requirements and the timing of notice submission to comply with statutory requirement. J MATERNOWSKI .30 hours at 345.00 per hour. 103.50 08/06/07 Examine and analyze notice requirements under Minnesota Environmental Rights Act. M KOSTOLNIK .10 hours at 210.00 per hour. 23.00 08/07/07 Examine e-mail massage received from Chevron's counsel regarding potential meeting date; forward same to Mr. Steve Sondrall for response as to acceptability of proposed date for meeting with Chevron. J MATERNOWSKI .25 hours at 345.00 per hour. 86.25 08/07/07 Continue preparation of Finance & Commerce notice per Minn. Stat. Ch. 116B requirements; analyze potential response to possible request for extension to answer; examine Lin research memo regarding Finance & Commerce notice requirements. M KOSTOLNIX 1.00 hours at 230.00 per hour- 230.00 lvf 1v/ �vv i vo . to rnA too 4013 a1015 jensenAnaersonsonaraii UNH [& 018/024 CITY OF NEW HOPE September 10, 2007 File Number: 47549-000001 Page 2 Invoice Number: 464296 08/08/07 Examine issues related to Minnesota 08/10 Examine issues related cc pending case and removal to federal court; respond to messages received from Mr. Steve Sondrall regarding meeting with Chevron and current status of the matter. J MATERNOWSKI -50 hours at 345.00 per hour. 172.50 Environmental Rights Act public notice filing; confer with Messrs. Sondrall and Colton regarding August 28th meeting date; finalize arrangements; examine notice of removal and advise Mr. Sondrall of receipt- J MATERNOWSKI 1.25 hours at 345.00 per hour. 431.25 08/08/07 Continue preparation of Finance & Commerce notice; examine requirements of statutory notice per 116B; examine notice of removal filed by Unocal and Chevron; plan strategy related to federal court action, including analysis of assignment to Judge Schiltz. M KOSTOLNIK 1.10 hours at 230-00 per hour. 253.00 08/09/07 Complete public notice submission to Finance and Commerce; develop strategy for responding to answer or motion to dismiss in federal court. J MATERNOWSKI .65 hours at 345.00 per hour. 224.25 08/09/07 Analyze possible statute of limitations defense. A DORLAND .20 hours at 235.00 per hour. 47.00 08/09/07 Legal research of various federal statutes and Rules of Civil Procedure, including diversity jurisdiction, removal, jury trial demand, case management, et al.; outline procedural benchmarkers for future handling; examine ecf link regarding filing of case by Unocal Chevron; continue and complete Finance Commerce notice by adding new information of filing and notice of removal; prepare jury trial demand. M KOSTOLNIK 2-70 hours at 230.00 per hour. 621.00 08/10 Examine issues related cc pending case and removal to federal court; respond to messages received from Mr. Steve Sondrall regarding meeting with Chevron and current status of the matter. J MATERNOWSKI -50 hours at 345.00 per hour. 172.50 10/10 1 /2UV( Qy:18 FAX (SJ 48a b 19 CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 464296 08/10/07 Examine various e-mail correspondence regarding August 28 meeting; prepare correspondence to Attorney Colton regarding ground rules for meeting. M KOSTOLNIK .70 hours at 230.00 per hour. 08/13/07 Examine answer filed by Chevron and Unocal; review responsive pleading and affirmative defenses asserted by Chevron and Unocal; advise Mr. Steve Sondrall of receipt of pleading, LT NATERNOWSKI .50 hours at 345.00 per hour. 08/13/07 Commence examination and analysis of answer to complaint. M KOSTOLNIK .30 hours at 230.00 per hour. 08/14/07 Analyze answer to complaint; evaluate issues related to Minnesota Pollution Control Agency involvement; confer with Minnesota Pollution Control Agency regarding review of leak site files related to the Winnetka Avenue site. J MATERNOWSKI 1.00 hours at 345.00 per hour. 08/14/07 Continue examination and analysis of answer; legal research of Federal Rule of Civil Procedure 19 regarding joinder of Union oil by examination of case law and secondary sources; legal research of federal case law regarding parent and subsidiary liability; examination of Secretary of State website to determine applicable service on Union Oil Company of California. M KOSTOLNIK 3.40 hours at 230.00 per hour. OB/15/07 Continue analysis of joinder of Union Oil under Rule 19. M KOSTOLNIK .20 hours at 230.00 per hour. September 10, 2007 Page 3 Total For Services Disbursements Photocopies 07/31/07 Cash Disbursements: - VENDOR: METRO LEGAL SERVICES INC Nationally Arrange Search 08/06/07 Cash Disbursements: - VENDOR: METRO LEGAL SERVICES INC Nationally Arranged service JensenAndersonSondrall 4 CNH-CH 1&019/024 172.50 69.00 345.00 782.00 46.00 $4,008-75 5.60 135.00 160.00 n" I uu -r o J i CITY OF NEW HOPE File Number: 47546.000001 Invoice Number: 464296 08/06/07 Cash Disbursements: - VENDOR. METRO LEGAL SERVICES INC Legal Process Service 08/11/07 CASH DISBURSEMENT - - VENDOR: FINANCE AND COMMERCE Publication costs Total Disbursements , j d fj z:i t: fi h ri u u r !s u ri a u ri u r a i i ` UNM 19 UZQ/Q24 September 10, 2007 Page 4 110.00 220.68 $631.28 Total This Invoice $4,640.03 tvi I v/ evv r vzj . izi r8A rod 4 ZJJ 0 1 ZJJ jensen8naerson6onuraii j UNH IN ACCOUNT WITH MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4800 WELLS FARGO CENTER ® 90 SOUTH SEVENTH STREET • MINNEAPOLIS, MN 55402 (612) 877-5000 Federal Tax Id # 41-0943845 October 2, 2007 CITY OF NEW HOPE 4401 }NYLON AVENUE NORTH NEW MOPE MN 55428-4843 For Professional services Rendered in Connection With: Matter; 47546.000001 Unocal Cost Recovery Claim Igj UZ I/ V'Lq Client: 47546 Invoice # 465799 09/12/07 Confer with Mr. Steve Sondrall regarding settlement agreement terms; evaluate proposed terms; examine concerns related to indemnity; evaluate indemnification clause. J MATERNOWSKI 1-00 hours at 345.00 per hour. 345.00 09/12/07 Examine Settlement Agreement prepared by Attorney Colton, including confidentiality and off-site issues; prepare red-lined copy of Settlement Agreement, M KOSTOLNIK 1.10 hours at 230.00 per hour. 253-00 09/13/07 Review issues related to settlement agreement including resolution of potential third party claims; review proposed agreement; prepare message to Mr. Steve Sondrall raising questions as to scope of settlement. J MATERNOWSKI .75 hours at 345.00 per hour. 258.75 09/13/07 Examine settlement agreement prepared by Attorney Colton; examine New Hope file to obtain legal description and map as exhibits attached to settlement agreement; analyze settlement agreement provisions regarding defense, indemnity and release for purposes of preparing redlined version. M KOSTOLNIK 1.10 hours at 230.00 per hour. 253.00 09/14/07 Analysis of settlement agreement regarding scope of release, indemnification, and defense. M KOSTOLNIK .10 hours at 230.00 per hour. 23.00 10,'I0/200( 08:18 FAA (83 483 b183 JensenAndersonSondrall 4 CNH-CH 0022/024 CITY OF NEW HOPE October 2, 2007 File Number: 47546.000001 Page 2 Invoice Number: 465799 09/19/07 Examine proposed Settlement Agreement; prepare re visions to limit scope of release and ev:L indemnity; review proposed Exhibits. J MATERNOWSKI .60 hours at 345.00 per hour. 207.00 09/19/07 continue preparation of revised settlement agreement to narrow scope of release, defense, and indemnity. M KOSTOLNIK 1.10 hours at 230.00 per hour. 253.00 09/20/07 Continue :: of settlement agreement to limit release and indemnity to claims related to 5550 Winnetka. M KOSTOLNIK .20 hours at 230-00 per hour. 46.00 09/21/07 Examine issues related to Settlement Agreement; review proposed changes and attempt to obtain understanding of scope of the settlement. J MATERNOWSKI -50 hours at 345.00 per hour. 172.50 09/21/07 Confer with Mr. Maternowski and order copy of plat regarding legal description. J WATSON .20 hours at 325.00 per hour. 65.00 09/21/07 Continue preparation of settlement agreement to narrow scope of release; telephone conference with Attorney Steve Sondrall regarding release and handling of settlement; prepare e-mail correspondence to Attorney Sondrall enclosing settlement agreement and exhibits to settlement agreement; voicemail message to Attorney Colton regarding settlement agreement. M KOSTOLNIK 1.00 hours at 230.00 per hour. 230.00 09/24/07 Review plat; order additional plat regarding legal description issue. 1.7 WATSON .20 hours at 325.00 per hour. 65.00 09/24/07 Continue and complete revisions of settlement agreement; prepare e-mail correspondence to Attorneys Colton and Sayre enclosing revisions to settlement agreement. M KOSTOLNIK 1.10 hours at 230-00 per hour. 253.00 09/25/07 Examine and evaluate issues related to legal description; ensure that description conforms to the property; give instructions to prepare revised Exhibit. J MATERNOWSKI .60 hours at 345.00 per hour. 207.00 I !IV /4VV f Vb : I ZJ t A A (bd qdd oldd CITY OF NEW HOPE File Number: 47546.000001 Invoice Number. 465799 09/25/07 Review additional plat; confer with Mr. Maternowski and draft legal description. LT WATSON .70 hours at 325.00 per hour. 09/26/07 Prepare revisions to Exhibit regarding legal description and provide same to counsel for Chevron. LT MATERNOWSKI .65 hours at 345.00 per hour. October 2, 2007 Page 3 227.50 �**X' Total For services Disbursements Photocopies 09/21/07 Cash Disbursements: - VENDOR: METRO LEGAL SERVICES INC Document Retrieval Service, Advanced Fees, Check Handling Charge 09/24/07 Cash Disbursements: - VENDOR: METRO LEGAL SERVICES INC Document Retrieval Service, Advanced Fees and Check Handling Charge Total Disbursements jensen8naerson6onciraii . + uNm-uH 10 Q2J/024 $3,083.00 54.40 43.00 G VA teri $144.40 Total This Invoice $3,227.40 10'10/2007 09:20 FAX 763 493 5193 JensenAndersonSondrall + CHH -CH fj�024/024 IN ACCOUNT WITH MOSS & B,ARNETT A PROFESSIONAL ASSOCIATION 4900 WELLS FARGO CENTER • 90 SOUTH SEVENTH STREET • MINNEAPOLIS, MN 55402 (612) 877 -5000 Federal Tax Td # 41- 0943845 October 2, 2007 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE MN 55428 -4843 Current Amount Due Amount Due Prior Invoices Total Amount Due Remittance Enclosed JGM Client_ 47546 Invoice # 465799 $3,227.40 25,655.68 $29,683.08 Please Remit This Page With Payment