Phase 1 Environmental Site Assessment
PHASE I
ENVIRONMENTAL SITE ASSESSMENT
Minneapolis, MN 55414
PHASE I
ENVIRONMENTAL SITE ASSESSMENT
Minneapolis, MN 55414
Hyde Environmental, Inc.
W175N11163 Stonewood Drive, Suite 110
Germantown, WI 53022
APPENDICES
- Site Photographs
- ERIS Fire Insurance Maps Report, ERIS City Directory Report, and ERIS
Historical Aerial Photographs
- ERIS Database Report and ERIS Physical Setting Report
- USDA Soil Report
- User-Provided Records, and Other Documents
PHASE I ENVIRONMENTAL SITE ASSESSMENT
Minneapolis, MN 55414
1.0 EXECUTIVE SUMMARY
Hyde Environmental, Inc. (Hyde) conducted a Phase I Environmental Site Assessment
(ESA), according to ASTM E1527-13 Standard Practice, on a single parcel located at Minneapolis, Hennepin County, MN, henceforth referred to as “Subject
Property.” The ESA was conducted at the request of
Minneapolis, MN (User). Subject Property conditions are based on observations made by a qualified environmental professional on November 18, 2020.
The Subject Property consists of a single parcel encompassing a total of approximately 4.1 acres at a nominal elevation of 868 feet above mean sea level. The Subject Property is egressed via from the west-southwest. The facility contains a slab-on-grade, concrete/concrete
block-constructed approximately 100,000-sq.-ft., building with three (3) truck loading docks. The remainder of the Subject Property consists of asphalt driveway/parking lots with minimal areas of manicured lawn and landscaping. Portions of the Subject Property are secured by a chain-link fence with razor wire. The Subject Property was developed with the current building in 1976 (total original size of 60,000 sq. ft.) by Northstar Acceptance, which appears to be a finance and leasing company. J-Mark, a metal fabricator for the auto industry, appears to be the first lessee. An approximately 40,000-sq.-ft. addition was constructed in 1989.
Hyde performed this Phase I ESA in general conformance with the scope and limitations of ASTM E1527-13, Standard Practice for Environmental Site Assessments. A data gap has been presented because the User did not provide information concerning environmental liens and activity and use limitations (AUL), such as engineering controls, land use restrictions or institutional controls for the Subject Property. However, the information reviewed for the ESA is believed to be sufficient to meet the project objectives to identify actual and potential environmental liabilities associated with current and historical use of the Subject Property. We assume that qualifications for Landowner Liability Protections (LLPs) are being established by the User in documentation outside of this assessment.
During this assessment, we observed the Subject Property and nearby properties, reviewed aerial photographs, conducted a database search, and performed interviews with Subject Property owner representatives and local officials. We have performed the Phase I ESA in conformance with the scope and limitations of ASTM E1527-13 Standard Practice of
Minneapolis, MN. This assessment has revealed no evidence of Recognized Environmental Conditions (RECs) in connection to the Subject Property except the following:
- According to information reviewed from several sources during the preparation of this report, an approximately half-mile area along Energy Park Drive/Kasota Ave. from Highway 280 west/northwest to 26th Avenue in Minneapolis was turned into the Elm Street Ash Dump between the 1930s and 1970s (which includes the Subject Property). Records indicated that up to 20 feet of debris, medical waste, solid waste, and incinerator ash from the City of Minneapolis, Hennepin County Medical Center and the University of Minnesota, and waste from Burlington Northern (Railroad) was placed in the dump. More specifically, one investigation noted, “Debris consisting of concrete, brick, clay tile, glass, plastic, wood, rubber, slag/coke, ash, metal, and styrofoam were observed.”
Several investigations, including one overseen by the Minnesota Pollution Control Agency (MPCA) on the Subject Property, revealed buried hazardous materials, including lead, cadmium, barium, and mercury. Polycyclic aromatic hydrocarbons (PAHs) and volatile organic compounds (VOCs) were also detected in soil and groundwater. The previous on-site presence of the Elm Street Ash Dump is a REC.
- Based on our review of the records provided by ERIS, our inspection of site conditions, and interviews with key personnel, it is our professional opinion that a vapor encroachment condition exists on the Subject Property due the proximity of the former Elm Street Ash Dump. The known presence of the former landfill, combined with the propensity for the former landfill to generate methane gas and off-gas other volatile organic compounds (VOCs), makes vapor migration a REC.
- WW Engineering & Science, Inc. (WWES), publishers of a 1990 Phase I Environmental site assessment report, also discussed a fenced-in, empty-drum storage pen located on the northeast corner of the parking lot. Some of the drum covers had fallen off. They stated that if any material remained in the drums, it could have discharged to the lawn near the property boundary. They recommended a surface soil investigation near the pen. According to the User representative, an investigation of this area never took place. Based on this response, the exterior former drum storage near the northeast corner of the Subject Property building is a REC.
One Historical REC was identified for the Subject Property:
- The Subject Property was listed on a spills database that is maintained by the MPCA. The listing, under is for a spill which occurred on
November 22, 2005. A “tote with 2,500 lbs water, 300 lbs water base adhesive” was reported as having gone to the storm sewer. The “Company believes at most 5 gallons in 350 gallons of water went to the storm sewer, by employee error. Investigated outfall, no discharge noted.” This spill was closed on December 02, 2005. Because the spill case was closed without continuing obligations, this listing is considered a historical REC.
During this assessment, we also observed nearby properties, reviewed aerial photographs, conducted a database search, performed interviews with owner representatives, and contacted local government offices for records. This assessment has revealed no evidence of off-site RECs that would likely impact the environmental conditions of the Subject Property except the following:
- Several investigations on nearby properties revealed heavy metals, PAHs, and VOCs, among other contaminants in soil and groundwater, all related to the Elm Street Ash Dump. The nearby presence of the Elm Street Ash Dump is a REC.
- Based on our review of the records provided by ERIS, our inspection of Subject Property conditions and interviews with key personnel, it is our professional opinion that a vapor encroachment condition likely exists on a nearby and/or adjacent property to the Subject Property that would impact the Subject Property. The cause of the vapor encroachment condition is the presence of the former Elm Street Ash Dump.
2.0 INTRODUCTION
This report describes a Phase I ESA that has been conducted on an approximately 4.1-acre Minneapolis, MN. The Phase I ESA was conducted by
Minneapolis, MN (Ref. 1) with
the objective of the ESA to identify any actual or potential environmental liabilities associated with current and historical use of the Subject Property.
The ESA was conducted according to ASTM E1527-13 requirements. The ESA included a walk-through/inspection of the Subject Property; an interview with a Subject Property owner representative (Ref. 2); a request for User-provided information (Ref. 1); a request for government information; a review of historical aerial photographs; and a review of environmental database records and other publicly available information.
The Subject Property was inspected by Mr. Logan Cranley, (a Scientist with Hyde), on November 18, 2020. The Subject Property was examined by walking and observing the perimeter and interior parts of the Subject Property. Mr. Cranley also viewed nearby properties from publicly accessible areas. The nearby properties were visually inspected by walking and use of a vehicle. Photographs of the Subject Property and surrounding properties are included in (Appendix A).
3.0 PROPERTY OVERVIEW
3.1 Subject Property Layout
The Subject Property consists of a single parcel encompassing approximately 4.1 acres.
The Subject Property is in the
Township 29 North, Range 23 West.
The boundary used to define the Subject Property is based on a parcel report provided by the Hennepin County Geographic Information System (GIS) website (Ref. 3) and is limited to the 4.1-acre area defined as Minneapolis, MN.
Zoning for the Subject Property is currently classified by the City of Minneapolis as I1 (Light Industrial), I2 (Medium Industrial), and UA / University Area Overlay District. Zoning information was provided by the City of Minneapolis website (Ref. 4).
The Subject Property is part of the Kasota Industrial Park. The northeast side of the Subject Property is bordered by the Burlington Northern Railroad. Access to the Subject Property is from Kasota Avenue, from the west-southwest.
The Subject Property contains a slab-on-grade, concrete/concrete block-constructed approximately 100,000-sq.-ft., building. A majority of the building is single-story, with a smaller portion being two-story. The remainder of the Subject Property consists of asphalt driveway/parking lots with minimal areas of manicured lawn and landscaping. Portions of the Subject Property are secured by a chain-link fence with razor wire. The Subject Property was reportedly developed with the current building in 1976 (total original size of 60,000-sq.-ft.) with an approximately 40,000-sq.-ft. addition added to the northeast side of the building in 1989. Solid waste dumpsters, trash compactors, an oxidizer, and an approximately 15,000-gallon LP tank are located in areas outside the building.
originally occupied the building; other tenants included and
The building contains, offices, storage areas, a packaging area,
a product testing lab (second floor), a maintenance area, and a production area.
The storage/packaging areas largely contain corrugated cardboard (boxes), rolls of nonstick silicone or polyurethane coated paper, and packaging equipment. The production area contains three (3) drum storage areas, three (3) production lines (two (2) water-based and one solvent-based), a product testing lab (second floor), and a maintenance area.
An Environmental Risk Information Services (ERIS)-provided Fire Insurance (Sanborn) map report (Ref. 5), ERIS City Directory Report (Ref. 6), and ERIS Historical Aerial Photographs (Ref. 7) are provided in Appendix B. An ERIS Database Report (Ref. 8), including a topographic/property location map and Physical Setting Report (Ref. 9), are provided in Appendix C.
3.2 Environmental Setting
The Subject Property is in a light industrial/residential area at a nominal elevation of 868 feet above mean sea level (Ref. 9 Appendix C). According to the ERIS Physical Setting Report (Ref. 9, Appendix C), under natural groundwater flow conditions, groundwater beneath the Subject Property is expected to flow to the west-southwest, towards the Mississippi River, which is located a little over one mile from the Subject Property.
The Subject Property is not listed on the national wetland inventory, nor is it located within a flood hazard zone.
The soils at the Subject Property are described as Urban land – Dorset Complex, 0 to 8 percent slopes. The Urban land – Dorset Complex is formed on stream terraces as outwash. It is well-drained with depths to water of over 80 inches, and not considered prime farmland (Ref. 10).
3.3 Property Ownership and History
Aerial photographs (Ref. 7) depict the Subject Property as vacant land from at least 1937.
The area of the Subject Property appears to have been cleared of vegetation in 1972.
Railways are depicted both west and east of the Subject Property through at least 1947.
Information provided by the City of Minneapolis Property Information Database,
(Ref. 11), indicated that an approximately 60,000-sq.-ft. building was constructed in 1976
by , a finance and leasing company. appears to be the first
lessee. According to its website (Ref. 12), was founded in 1962 and began as a custom metal stamping/fabrication company and produced a proprietary line of service station items (lube spouts, oil filter wrenches, gas cans, etc.). Later, they transitioned into the truck and van accessory market with a proprietary line of aftermarket running boards, splash guards, and tailgate protectors. According to a previous report (Ref. 13), vacated
the building sometime between 1979 and 1980. The building then sat vacant until 1982, when began occupying the building.
manufactured “pressure sensitive material, including films, laminates, and adhesive
coatings” (i.e. stickers). A year later, , a printing company, also
moved into the Subject Property building. An approximately 40,000-sq.-ft. addition was added in 1989.
The User (Ref. 1) indicated that he has been associated with the Subject Property since
- He indicated that was a holding company that owned
. Over the years, the business changed names, but continued with the
same operations throughout. Business names included and
, which was bought (business operations only, not the Subject
Property) by , and later renamed to just .
A former representative of indicated in a 1990 Phase I ESA
(Ref. 13) that prior to the construction of the Subject Property building, the Subject Property was a landfill; Elm Street Ash Dump. The information related to the landfill is discussed in subsequent sections of this report
According to the City of Minneapolis Property Information Database (Ref. 11), sold the Subject Property to a in 1991.
sold the Subject Property to in 1998, and they sold it to the current
owner, in 2008. The current business,
continues to manufacture pressure sensitive labels with water- and solvent-
based adhesives.
3.4 Information Provided by User
According to the “All Appropriate Inquiries” (AAI) Final Rule (40 CFR Part 312), certain tasks are required to be performed by, or on behalf of, a party seeking to qualify for limited liability protection (LLP) to CERCLA liability. A representative of the Users (Ref. 1), provided the following responses (in quotation marks) to the following questions:
1). Did a search of recorded land title records (or judicial records where appropriate), identify any environmental liens filed or recorded against the property under federal, tribal, state or local law?
“No search was done. does not own the property.”
2). Did a search of recorded land title records (or judicial records where appropriate) identify any activity and use limitations (AUL), such as engineering controls, land use restrictions or institutional controls that are in place at the property and/or have been filed or recorded against the property under federal, tribal, state or local law?
“No search was done by .”
3). Do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business?
“We have occupied the building since the early 1980’s.”
4). Does the purchase price being paid for this property reasonably reflect the fair market value of the property?
“There is no purchase of the property pending.”
5). Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases?
For example,
- Do you know the past uses of the property?
“See 1990 ESA”
- Do you know of specific chemicals that are present or once were present at the property?
“Current chemicals.”
- Do you know of spills or other chemical releases that have taken place at the property?
“No.”
- Do you know of any environmental cleanups that have taken place at the property?
“No.”
6). Based on your knowledge and experience related to the property, are there any obvious indicators that point to the presence or likely presence of releases at the property?
“No.”
Based on the User responses, a data gap has been presented. A data gap is presented when the User does not provide specific information related to a title search which could identify environmental liens filed or recorded against the Subject Property. The significance of the data gap is further explained in Section 6.1 of this report. However, Hyde assumes that qualification for Landowner Liability Protections (LLPs) is being established by the Users in documentation outside of this assessment.
The User (Ref. 1) provided a previous Phase I ESA report, Phase I Environmental Site
Assessment, Minneapolis, Minnesota,
WW Engineering & Science, Inc., September 1990 (Appendix E). Details of that report are discussed throughout this report.
The Subject Property owner representative (Ref. 2) indicated that a Phase I ESA was also conducted on the Subject Property in 2018, which concluded that the Elm Street Ash Dump was a REC that existed in connection to the Subject Property. He also indicated that the report stated that investigation activities, overseen by the MPCA, were conducted on the Subject Property and surrounding properties in the mid to late-1990s. These investigations reportedly found metals and PAHs present on the Subject Property (related to the Elm Street Ash Dump).
4.0 SITE CONDITIONS
Information about site conditions on the Subject Property was obtained from interviews and a review of database information obtained from ERIS and related sources. A representative of Hyde inspected the Subject Property on November 18, 2020. Photographs depicting the Subject Property and surrounding areas are provided in Appendix A.
4.1 Utilities
Major utilities provided to or used on the Subject Property include electric by Xcel Energy and natural gas by CenterPoint Energy, and water and sewer by the City of Minneapolis. In addition, an approximately 15,000-gallon LP gas tank is used for heat during the winter months.
Storm water is directed from the building to storm water drains located in the parking lot and on Kasota Ave. SE.
4.2 Hazardous Waste and Hazardous Materials
currently designs and manufactures self-adhesive materials, (i.e. labels for the
printing industry). According to information contained in a document obtained from an Internet search (Ref. 14), pressure-sensitive adhesives (PSAs) are a combination of several materials and their construction is a combination of layers including a facestock (label) or backing (tape), an optional primer coat, an adhesive, and a silicone coating on a protective liner. The PSA construction is manufactured through several coating and laminating steps, including liner-release coating, adhesive coating/drying/curing, optional facestock or backing primer coating, and lamination of the facestock or backing to the liner.
Approximately 200, 55-gallon drums of virgin solvent-based adhesives are stored in two (2) interior drum storage areas. These drum storage areas have “blow out” walls to the outside and are secondarily contained by concrete, so if a spill occurred it could not migrate out of the respective storage room. The drums and the concrete floor beneath them appeared to be in good condition, with only de minimis staining on the concrete floor. The waste product from the use of these solvent-based adhesives is in the form of plastic cuttings, which are disposed of in an outside dumpster.
Waste produced during the cleaning of machinery used in production, both solids (rags, etc.) and liquids (the actual solvent used in the cleaning) is drummed and picked up by Safety Kleen, for proper disposal, on a weekly basis. has a hazardous waste generator permit/designation, which is discussed further in a subsequent section of this report. There are no violations related to the waste production/disposal; thus, this is not considered an environmental concern.
One parts washer, which typically uses solvents to clean parts or tools, is located in the maintenance area. This parts washer is reportedly rarely used and there was no disposal documentation available for review. The parts washer appeared to be in good condition, with no staining present in its vicinity.
No other hazardous waste or hazardous materials were observed on the Subject Property during the site inspection on November 18, 2020. Neither the drums, nor the parts washer, are considered an environmental concern.
4.3 Aboveground and Underground Storage Tanks
Based on our observations, no underground storage tanks (USTs) were observed on the Subject Property during the site inspection. Two (2) approximately 15,000-gallon process aboveground storage tanks (ASTs) were observed in the production area. The ASTs formerly contained water-based adhesive, but have not been used since 2017. The waterbased adhesives are now contained in poly-plastic intermediate bulk container (IBCs) and cardboard drums.
A single, approximately 15,000-gallon Liquid Propane (LP) gas AST was observed outside the northern portion of the building. The AST is used to supply fuel for heating the building at various times throughout the winter.
None of these ASTs on the Subject Property are considered an environmental concern.
4.4 Polychlorinated Biphenyls (PCBs)
PCBs have not been used in equipment since approximately 1977. Older electrical transformers have the potential to contain PCBs in dielectric fluid used in the transformer.
A single pad-mounted electrical transformer was observed on the south side of the Subject
Property building. The transformer label indicated it was supplied by Northern States
Power Company, a subsidiary of Xcel Energy. The Xcel Energy Environmental Service Office (Ref. 15) was contacted to determine whether the transformer contained PCBs. As of this writing, an Xcel Energy contact has not returned a call to our inquiry.
Based exclusively on physical observations, the transformer appeared in good condition, in working order, with no visible staining observed beneath the unit. It is our professional opinion that the electrical transformer identified on the Subject Property does not present a material threat to the Subject Property.
4.5 Spills and Releases
De minimis staining was observed in areas of the drum rooms; however, larger spills and/or moderate to significant staining, indicative of a release or releases, were not observed during the site inspection.
4.6 Other Observations
A water treatment system is located inside the production area for pretreating water-based adhesive wastewater before discharge to the municipal sanitary sewer system. Prior to discharge, the pretreatment system is used to adjust the pH of the water to meet the treatment plant requirements.
Three (3) floor drains were formerly located in the production area. All of these drains have been abandoned. The former floor drains are not considered an environmental concern.
One thermal oxidizer is located outside the southeastern side of the Subject Property building. The oxidizer, which was installed and permitted in 1999, is used to treat/destroy volatile organic compounds (VOCs) in air emissions produced during the “baking” process. This process bakes off the solvents which are used as carriers of the polymers used in the production process. The oxidizer, which appeared to be in good condition and is tested occasionally per the permit, is not considered an environmental concern.
4.7 Directory Search
A search of directories used to identify names and dates of occupancy of previous operators/owners of the Subject Property was reviewed. Directories compiled by R.L. Polk
& Co. and Cole Information Services were reviewed for (Ref. 6,
Appendix B). Coverage was identified for the Subject Property for the years 1977, 1987, 1993, 1999, 2002, 2007, 2012, and 2017.
- 1977. The Subject Property address is not listed
None of these city directory listings would indicate an environmental concern.
4.8 Local Government Information
Records for the Subject Property were obtained from the City of Minneapolis’ Property Information Database (Ref. 11).
Several records, including a property summary, a valuation history, business licenses, structural information, and inspection permits, were reviewed. The valuation summary includes the sale history of the Subject Property and is discussed in a previous section of this report. According to the database, there are no “business licenses’ associated with the Subject Property. Structural information indicates that the building is a single-story, 102,700-sq.-ft., industrial building with 12 offices.
The inspection permits were reviewed for items including sprinkler system operation, air duct repair, work on the warm air heating system and the cooling system, re-roofing, which included the disconnection of all roof drains from the City's sanitary sewer system, the installation of gas piping to three (3) coating machines and one oxidizer (1999), and the construction of a mezzanine (1999). Permits were issued for both
There were no records that would indicate an environmental concern.
4.9 Database Review
The ERIS’s search of available ("reasonably ascertainable") government records included the following databases:
|
Federal |
• FINDS/FRS |
• SWF/LF |
|
• FPR |
• TRIS |
• LCP |
|
• NPL |
• PFAS TRI |
• UNPERMITTED LF |
|
• PROPOSED NPL |
• PFAS WATER |
• HIST LUST |
|
• DELISTED NPL |
• HMIRS |
• DEL LUST |
|
• SEMS |
• NCDL |
• HIST LAST |
|
• ODI |
• TSCA |
• HIST LEAKSITES |
|
• SEMS Archive |
• HIST TSCA |
• LST REM SITE |
|
• CERCLIS |
• FTTS ADMIN |
• LST INCIDENT |
|
• IODI |
• FTTS INSP |
• DELISTED LST |
|
• CERCLIS NFRAP |
• PRP |
• UST |
|
• CERCLIS LIENS |
• SCRD DRYCLEANER |
• AST |
|
• RCRA CORRACTS |
• ICIS |
• HIST TANK |
|
• RCRA TSD |
• FED DRYCLEANERS |
• DELISTED TANK |
|
• RCRA LQG |
• DELISTED FED DRY |
• INST |
|
• RCRA SQG |
• FUDS |
• VIC |
|
• RCRA CESQG |
• PIPELINE INCIDENT |
• BROWNFIELDS |
|
• RCRA NON GEN |
• MLTS |
• SPILLS |
|
• FED ENG |
• HIST MLTS |
• AG SPILLS |
|
• FED INST |
• MINES |
• HIST SPL |
|
• ERNS 1982 to 1986 |
• ALT FUELS |
• CDL |
|
• ERNS 1987 to 1989 |
• SSTS |
• FEEDLOTS |
|
• ERNS |
• PCB |
• TIER 2 |
|
• FED BROWNFIELDS | ||
|
• FEMA UST |
State |
Tribal |
|
• REFN |
• PPL |
• INDIAN LUST |
|
• BULK TERMINAL |
• DEL PPL |
• INDIAN UST |
|
• SEMS LIEN |
• MPCA AI |
• DELISTED ILST |
|
• SUPERFUND ROD |
• SHWS |
• DELISTED IUST |
|
• PFAS NPL |
• SITE ASSESSMENT |
According to the ERIS report, the Subject Property is listed on 11 databases including the
Resource Conservation and Recovery Act Non-Generator (RCRA NON GEN), RCRA
Treatment, Storage, and Disposal (RCRA TSD), RCRA Large Quantity Generator (RCRA
LQG), Facility Registry Service/Facility Index (FINDS/FRS), Historical Spills (HIST
SPL), Integrated Compliance Information System (ICIS), Potentially Responsible Parties (PRP), SPILLS, Minnesota Pollution Control Agency - Agency Interests (MPCA AI), TIER 2, and Toxics Release Inventory (TRIS) databases.
The RCRA NON GEN database is the EPA's comprehensive information system, providing access to data supporting RCRA of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. A hazardous waste generator is any person or site whose processes and actions create hazardous waste (see 40 CFR 260.10). Non-Generators do not presently generate hazardous waste. The listing is for There are
no compliance monitoring and enforcement (violation) records associated with the listing; thus, it is not considered an environmental concern.
The RCRA TSD database includes Non-Corrective Action sites listed as treatment, storage, and/or disposal facilities of hazardous waste as defined by RCRA. The RCRA TSD listing is related to the RCRA LQG listing. LQGs generate 1,000 kilograms per month or more of hazardous waste or more than one kilogram per month of acutely
hazardous waste. are listed on the databases.
owner/operators. These listings are likely related to the generation of cleaning solvents from machine cleaning activities. There are violation or undetermined details or records associated with the Subject Property in a Compliance Monitoring and Enforcement table dated May 2020; however, all of these violations have been returned to compliance and are not considered an environmental concern.
There are two (2) FINDS/FRS database listings associated with the Subject Property. The Facility Registry Service (FRS) is a centrally managed database, made available by the U.S. EPA, that identifies facilities, sites, or places subject to environmental regulations or of environmental interest. The listings, for ., are also related to the RCRA LQG listing discussed above.
The Minn. Stat. §115.061, which has been in effect since 1969, describes the duty of people to notify the MPCA when spills occur. This is the list of spills (HIST SPL) reported to MPCA and maintained by the MPCA. This list was maintained until 1 Nov 2016. The HIST SPL listing is for a spill incident which occurred on November 22, 2005 and is listed under Ritrama, Inc. A “tote with 2,500 lbs water, 300 lbs water base adhesive reported as having gone to storm sewer. S.Lee investigated. Company believes at most 5 gallons in 350 gallons of water went to storm sewer, by employee error. Investigated outfall, no discharge noted.” This historical spill was closed on December 02, 2005. Because the spill case was closed without continuing obligations, this listing is considered a historical REC.
There are two (2) ICIS listings associated with the Subject Property. The ICIS is a system that provides information for the Federal Enforcement and Compliance (FE&C) and the National Pollutant Discharge Elimination System (NPDES) programs. The FE&C component supports the EPA’s Civil Enforcement and Compliance program activities. These activities include Compliance Assistance, Compliance Monitoring and Enforcement. The NPDES program supports tracking of NPDES permits, limits, discharge monitoring data and other program reports. The database listings, for Ritrama, Inc. and Ritrama Incorporated, are related to the “air” emissions, likely from the oxidizer and possibly the discharge of treated wastewater from the Subject Property. The listings indicate three (3) administrative violations. There is no additional information on the status of these administrative violations; however, because they are administrative in nature (commonly record-keeping issues), they are not considered an environmental concern.
Early in a cleanup process, the EPA conducts a search to find the potentially responsible parties (PRPs). EPA looks for evidence to determine liability by matching wastes found at the site with parties that may have contributed wastes to the site. The two (2) PRP database listings, under , lists the “Site Name” as Envirochem Corp. One
of the listings has a “Settlement Date” of September 28, 1990, while the other listing has a National Priorities List (NPL) status of “Currently on the Final NPL.” The NPL is a list of sites of national priority among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States and its territories. Review of the NPL database did not produce any results for Envirochem or Universal Coating Co. Because there is a “Settlement Date” and there is no listing on the NPL database reviewed, these listings are not considered an environmental concern.
SPILLS is similar to the HIST SPL database; however, this is the list of spills reported to MPCA, and the list currently maintained by the MPCA. This listing is in regard to the same spill discussed above under the HST SPL database listing.
MPCA Agency Interests (MPCA AI) are facility, site, and project locations from the MPCA’s enterprise database, representing locations associated with wastewater, storm water, hazardous waste, feedlot, solid waste, tanks, remediation, and other agency programs. The MPCA AI database listing is currently “active” and is associated with Air Quality, Hazardous Waste, Industrial Stormwater, all waste streams produced by the production process at the Subject Property and is connected to the RCRA LQG and ICIS listings discussed above.
Tier 2 is a list of public Right-to-Know facilities in Minnesota. This list is provided by the Minnesota Department of Public Safety overseen by the Division of Homeland Security and Emergency Management. The list is a record for chemicals contained in totes, drums, tanks, and “other” (batteries). It lists emulsion-based pressure-sensitive adhesives, solventbased pressure-sensitive adhesives, flammable solvents, propane (LP gas), and lead acid batteries. This list is more administrative in nature and is not a list of any violations; thus, the listing is not an environmental concern.
Toxics Release Inventory (TRIS) is a database containing data on disposal or other releases of over 650 toxic chemicals from thousands of U.S. facilities and information about how facilities manage those chemicals through recycling, energy recovery, and treatment. One of TRI's primary purposes is to inform communities about toxic chemical releases to the environment. The TRIS listing only contains and FRS ID (discussed above) and location information.
The full ERIS Database report is provided in Appendix C.
4.8 Vapor Migration
Based on our review of the records provided by ERIS, our inspection of site conditions, and interviews with key personnel, it is our professional opinion that a vapor encroachment condition exists on the Subject Property due to the proximity of the former Elm Street Ash Dump. The known presence of the former landfill, combined with the propensity for the former landfill to generate methane gas and off-gas other volatile organic compounds (VOCs), makes vapor migration a REC.
4.9 Fire Insurance Map Review
Sanborn fire insurance maps were available for the area of the Subject Property for 1912, 1951, 1952, and 1966 (Ref. 5, Appendix B). The Subject Property is marked in red on each map. These maps do not depict the Subject Property, but do depict the areas immediately west and north of the Subject Property. Those areas are discussed in detail in Section 5.2 of this report.
4.10 Aerial Photograph Review
Historical aerial photographs, obtained from ERIS, were reviewed for evidence of potential on-site waste burial, storage of bulk petroleum or chemicals, and other potential sources of contamination. Aerial photographs of the Subject Property were taken in 1937, 1940, 1947, 1953, 1957, 1966, 1972, 1984, 1991, 2005, 2008, 2009, 2010, 2013, 2015, 2017, and 2019 (Ref. 7, Appendix B). The approximate Subject Property boundaries are outlined in red on the aerial photos.
- This medium-quality black and white (B&W) photograph depicts the Subject Property as vacant land with sparse tree/shrub cover.
- This low-quality B&W photograph is similar to the 1937 photograph with the exception of a road/path generally running north to south across the Subject Property.
- This high-quality B&W photograph is similar to the 1940 photograph with the exception of another road/path near the far eastern corner of the Subject Property.
1953 and 1957. These medium-quality B&W photographs are similar to the 1937 photograph with only a very faint depiction of the road/path running north to south.
- This medium-quality B&W photograph is similar to the 1957 photograph with the exception of some type of “clearing” or possible dumping in the northern corner of the Subject Property.
- This medium-quality B&W photograph depicts the Subject Property as being completely cleared of any vegetation. Kasota Ave. SE is present in this photo for the first time.
- This medium-quality B&W photograph depicts the development of the western portion of the Subject Property building.
- This medium-quality B&W photograph depicts the addition to the eastern side of the Subject Property building, along with the driveways and parking lots.
- This edium-quality color photograph is similar to the 1991 photograph, with the addition of some mechanicals on the building’s roof.
2008 through 2019. These medium-quality color photographs depict the Subject Property as being similar to present day.
The aerial photographs do not show specific evidence of buried tanks; however, the photos do depict waste burial, dumping and/or landfilling that are an environmental concern.
4.11 Previous Phase I Environmental Site Assessments
The User (Ref. 1) provided a previous Phase I ESA report for the Subject Property
(Phase I Environmental Site Assessment,
Minneapolis, Minnesota, WW Engineering & Science, Inc. (WWES), September
1990) (Ref. 13, Appendix E). The report conclusions/results indicated that the site was constructed on the Elm Street Ash Dump.
The MPCA provided WWES with a one-page inspection report (September 9, 1979) and a more intensive study prepared by students at the University of Minnesota (1981), both related to the Elm Street Ash Dump. The inspection report stated that the dump includes “inert type materials such as incinerator ash, scrap metal, and old tires.” The students’ report stated that “the ash dumped there was probably similar in content to that from the City’s other incinerator, which exceeded MPCA standards for cadmium, lead, zinc, selenium, and arsenic. Visitors to the dump reported blowing paper, piles of ash, scrap metal, old auto bodies, refrigerators, brick, glass, metal scraps, cans, plastic, and rusty barrels.” According to the MPCA, all of the commercial buildings along Kasota Ave., including Universal Coating Company, are built on the dump, which has never been subjected to analytical testing for hazardous contaminants. WWES recommended a subsurface investigation. (It does not appear that this ever took place). Because the contents of the dump are largely unknown and no sampling has been done as it relates to the Subject Property, the presence of the dump is considered a REC.
WWES also recommended that a floor drain, inside the building and next to one of the drum storage areas, be abandoned. It has been determined during this ESA that the drain has, in fact, been abandoned.
WWES also discussed a fenced-in, empty-drum storage pen located on the northeast corner of the parking lot. Some of the drum covers had fallen off. They stated that if any material remained in the drums, it could have discharged to the lawn near the property boundary. They recommended a surface soil investigation near the pen. According the User representative (Ref. 1), an investigation of this area never took place. Based on this response, the exterior former drum storage near the northeast corner of the Subject Property building is a REC.
4.12 Other On-Site Issues
There were no other issues noted during the site inspection.
5.0 OFF-SITE INFORMATION
5.1 Land Use and Observations
As observed during the Subject Property inspection on November 18, 2020, adjacent land use near the Subject Property was as follows:
- Rise Baking Company
- Burlington Northern Railroad, Heritage Crystal Clean, Sun Chemical Corp., Conwed Plastics
- Wholesale Produce Supply
- Amazon, misc. commercial businesses
5.2 Directory Search
A search of directories used to identify names and dates of occupancy of previous operators/owners of properties surrounding the Subject Property was reviewed. Directories compiled by R.L. Polk & Co. and Cole Information Services were reviewed for the areas near (Ref. 6, Appendix B). Coverage was identified for the Subject
Property for the years 1977, 1987, 1993, 1999, 2002, 2007, 2012, and 2017.
- 1977. – Bergin Wholesale Fruit Co., Inc./Myers
Perry W Inc. (food brokers)
- – Busch Industrial Products Corp. (yeast
mfrs), – Aratex Srvs, Inc.,
– J D Products Custom Molding, – Vacant, – Halper John Box Co.
- – Not Verified, – Aratex
Srvs, Inc., – J D Products Custom Molding,
– Halper John Box Co., –
Summit Packaging, Inc.
- – D&D Speedometer (mtr vhcl spls prts), – D&D Truck Instruments (mfr vhcl spls prts),
– Display Dynamics (crrgtd sid bxs)
- – D&D Instruments, –
Archway CKS, LLC, – Dean J Ruggieri/Basciani Farms, Inc., – Summit
Packaging/Display-Pak/Summit pkgng, Inc.
- – Basciani Mshroom Farms Minnesota,
– Display Pak
, Minneapolis, MN
- – Allied Supply,
- – Allied Supply, LLC, –
New French Bakery
None of these city directory listings would indicate an environmental concern.
5.3 Fire Insurance Map Review
Sanborn fire insurance maps were available for the area near the Subject Property for 1912, 1951, 1952, and 1966 (Ref. 5, Appendix B). The Subject Property is marked in red on the maps.
This map depicts the area near (north and west) the Subject Property. It shows rail lines north and west of the Subject Property, and likely extending from the north to the east/southeast (east of the Subject Property). Elm Street is present to the north. The “Twin
City Trading Company (Albert Dickinson Companies and Elevators and Seed Warehouses)” is located west of the Subject Property between several rail lines. The property contains grain elevators, bins, warehouses, a feed mill, and two (2) car sheds, which would appear to be used to service train cars as rail lines run through them. Grain bins and a “car rp’r and machine shop” are located immediately west of the Subject Property. A small “auto garage” with an underground gasoline tank is located westnorthwest of the Subject Property.
1951 and 1952. Changes over the previous map depict the area immediately west of the Subject Property as vacant. The “auto garage” to the west-northwest is also no longer present. Twin City Trading Company still occupies the area to the west; however, the configuration has changed, including structural changes and the addition of several more grain bins. Additionally, two (2) circles labeled as oil tanks are located on the property south of the warehouses/feed mill.
This low-quality map is similar to the 1951/1952 maps; however, the structures to the west-northwest are labeled as “Shur Nuff Inc. - mfr’s store fixtures.” The Twin City Elevator – Division of Archer Daniels Midland Co. occupies the area to the westsouthwest.
Because there is no coverage of the Subject Property and there were no fuel storage tanks, train car service structures, etc. located immediately adjacent to the Subject Property, northing depicted on the Sanborn fire insurance maps is an environmental concern.
5.4 Aerial Photograph Review
A series of historical aerial photographs was reviewed for evidence of potential sources of contamination near the Subject Property that may have had an adverse impact on the
, Minneapolis, MN
Subject Property. The aerial photos of the Subject Property were taken in 1937, 1940,
1947, 1953, 1957, 1966, 1972, 1984, 1991, 2005, 2008, 2009, 2010, 2013, 2015, 2017, and 2019 (Ref. 7, Appendix B). The approximate Subject Property boundaries are outlined in green on the aerial photos.
This medium-quality B&W photograph depicts the area around the Subject Property as largely vacant land. Several likely rail lines are located to the east. Rail lines and structures related to the Twin City Trading Co. are located to the west.
This low-quality B&W photograph is like the 1937 photograph, with the exception of possible dumping activity farther south. Residential properties are located to the northwest.
1947, 1953 and 1957. These medium to high-quality B&W photographs are like the 1940 photograph, with additional residential development to the northwest and the clear identification of dumping areas to the south and east of the Subject Property.
This medium-quality B&W photograph depicts the development of properties to the west of the Twin City Trading Co. property. (Areas to the south and east of the Subject Property are not depicted in this photograph).
This medium-quality B&W photograph depicts the development of the area to the east of the Subject Property, across the rail lines. Kasota Ave. SE is first present in this photo. The photo also depicts some type of circular clearing immediately north of the
Subject Property. The purpose of the circular area could not be determined from the photo.
1984 & 1991. These medium-quality B&W photographs depicts the development of the properties immediately north and south of the Subject Property. It appears that only one or two rail lines are present to the east.
This medium-quality color photograph depicts the development of the areas on the west side .
2008 through 2019. These medium-quality color photographs depict the areas around the Subject Property as being similar to present day.
The aerial photographs show specific evidence of waste burial/dumping/landfilling south and east of the Subject Property. This is likely a part of the previously-discussed Elm Street Ash Dump.
5.5 ERIS Database Review
According to information provided in the ERIS database report (Ref. 8, Appendix C) there are approximately 60 properties with database records located within an approximately one-quarter-mile radius of the Subject Property. Properties that present the greatest environmental risks to the Subject Property include those with leaking storage tanks, or those that were used as automotive repair facilities, dry cleaners, landfills, and/or hazardous waste treatment, storage and/or disposal facilities, etc. Of the approximately 60 individual properties with one or more database records related to leaking tanks, spills, and/or remediation/brownfields, seven (7) are located near the Subject Property and present the greatest concern for an environmental threat to the Subject Property.
Details of the findings for these properties are as follows (note, properties may have additional database listings; however, only the listings related to leaking tanks, spills, and/or remediation/brownfields are discussed):
Wholesale Produce Supply, – Located adjacent to and south of the
Subject Property, is listed on the VIC, HIST LEAKSITES, BROWNFIELDS, and LST REM SITE databases. Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties protects the environment, reduces blight, and takes development pressures off greenspaces and working lands. The MPCA’s Brownfield Program consists of an integrated program called the Voluntary Investigation and Cleanup (VIC) Program. This program handles hazardous substance contamination under Minnesota's Environmental Response and Liability Act. Historical Leak Sites (HIST LEAKSITES) is a list of leak sites that were neither determined as aboveground nor underground in the tanks database maintained by the MPCA up until Nov 01, 2016. MPCA Remediation Leak Sites (LST REM SITE) is a list of leak sites in which MPCA is involved in remediation activities, this list is published by MPCA.
In general, the BROWNFIELDS and VIC listings are related to the Elm Street Ash Dump. This property received a closed status on January 1, 2008 with a “No Association Determination” Letter. The letter from the MPCA indicated that the owners of the property were not responsible for impacts caused by the Elm Street Ash Dump. It indicated that the “site and adjacent areas were used as a dump for burned municipal garbage by the City of Minneapolis between approximately 1937 and 1973 and [soil/groundwater] impacts consist of metals and polycyclic aromatic hydrocarbons (PAHs).” The presence of the Elm Street Ash dump is considered a REC and is discussed in subsequent sections of this report.
The HIST LEAKSITES and LST REM SITE listings are for the release of gasoline and diesel fuel. The case was closed on September 15, 1999 with no continuing obligations. Because the case is closed with no continuing obligations, this property listing is not considered an environmental concern.
Sun Chemical/McDonough Trucking Co./R&L Carriers, – Located
approximately 420 feet east-northeast (across the railroad tracks) of the Subject Property, this property is listed on the HIST SPL (twice) and SPILLS (twice) databases. The first
Minneapolis, MN
HIST SPL record indicated a 25-gallon light fuel oil/diesel release from a truck/vehicle fuel tank. The spill occurred on October 29, 1997 and was closed the same day. The second HIST SPL record indicated that a “Caller report a spill from a 1 gallon jug that was punctured in transfer due to inadequate preparation in transport.” The spill occurred on February 9, 2015 and was closed the same day. The SPILLS listings are for the same incidents described above. Because the spills have been addressed and closed, this property is not considered an environmental concern.
Kasota Fruit Terminal, – Located adjacent to and south of the
Subject Property, is listed on the HIST SPL and SPILLS databases. These listings are related to a release, “pumped onto parking lot”, of diesel fuel of unknown quantity on November 11, 1991. The spill was closed on January 1, 1996 with what appears to be no continuing obligations. Because the spill has been addressed and closed, this property is not considered an environmental concern.
Abrams Metals and Kasota I and II, – Located approximately 650 feet
northwest of the Subject Property, is listed on the VIC and BROWNFIELDS databases. In general, the BROWNFIELDS and VIC listings are related to the redevelopment of the property. A “No Association Determination” Letter from the MPCA indicated that the “certain past actions by [the owners of the property] didn’t constitute conduct that would associate the [owners of the property] with the release or threatened release of hazardous substances, pollutants, or contaminants at the site.” Although not specifically called out in reviewed documents, this brownfield is likely related to the Elm Street Ash Dump. Related to the redevelopment of the property, a Voluntary Response Action Plan (VRAP), including an investigation report was submitted prior to receiving the “No Association Determination” Letter on April 2, 2001. The presence of the Elm Street Ash Dump is considered a REC and is discussed in subsequent sections of this report.
660-680 Kasota Ave. SE (name on databases), , included Pella Investments, – Located approximately 720 feet south-southeast of the
Subject Property, is listed on the VIC, BROWNFIELDS, and LST REM SITE databases.
In general, the BROWNFIELDS and VIC listings are related to the Elm Street Ash Dump.
This property received a closed status on January 23, 2006 with a “No Association Determination” Letter from the MPCA received on December 20, 2005. The letter from the MPCA indicated that the owners of the property were not responsible for impacts caused by the Elm Street Ash Dump. It indicated that “Site usage prior to 1937 is not known. Between 1937 and 1973 the site and surrounding area were used as a dump for burned municipal garbage by the City of Minneapolis” and “certain past actions by [the owners of the property] didn’t constitute conduct that would associate the [owners of the property] with the release or threatened release of hazardous substances, pollutants, or contaminants at the site.” The presence of the Elm Street Ash Dump is considered a REC and is discussed in subsequent sections of this report.
The Sites with Institutional Control Events (INST) is a list made available by the MPCA consisting of remediation sites that have various institutional controls in place. This listing (Pella Investments) was issued an Affidavit of Contaminated Property on an unknown date. An “IC Description” under the INST listing indicates “Ash with PAHs and metals in soil, and PAHs and PCP in groundwater.” Specific information regarding what exactly the institutional control is for was not available for review; however, this listing is also likely related to the Elm Street Ash Dump.
The LST REM SITE listing is for the release of used oil on August 12, 1996. The case was closed on October 16, 1996 with no continuing obligations. Because the case is closed with no continuing obligations, this property listing is not considered an environmental concern.
ADM Grain Storage (likely the “Twin City Trading Co.” property), –
Located approximately 400 to 730 feet west-northwest of the Subject Property, is listed on the VIC and BROWNFIELDS databases. This property received a Certificate of Completion on December 16, 1997 and was closed on April 4, 1998. The Certificate of Completion indicated that “the investigation report adequately identified and evaluated the nature and extent of the release at or from the site.” Reviewed documents don’t specifically discuss the Elm Street Ash Dump; however, documents indicate that contaminants consist of heavy metals, PAHs, and ash (similar to previous descriptions of contaminants from the Elm Street Ash Dump). The presence of the Elm Street Ash Dump is considered a REC and is discussed in subsequent sections of this report.
Globe Tool, – Located approximately 760 feet west-southwest of the
Subject Property, is listed on the VIC and BROWNFIELDS databases. This property received a “No Action Determination” Letter on June 14, 1996 and closure on February 6, 1996. The “No Action Determination” Letter indicated that a Phase I ESA discovered two
“stained” soil areas and possible issues with a barrel recycling area. Soils were investigated, excavated, and properly disposed of. These listings do not appear to be related to the Elm Street Ash Dump. It also appears that the “No Action Determination” was only for soils and not possibly impacted groundwater. Because of the nature of the possible release, the distance from the Subject Property, and the closed status, this property is not considered an environmental concern.
5.6 Vapor Encroachment Conditions
Based on our review of the records provided by ERIS, our inspection of Subject Property conditions and interviews with key personnel, it is our professional opinion that a vapor encroachment condition likely exists on a nearby and/or adjacent property to the Subject Property that would impact the Subject Property. The cause of the vapor encroachment condition is the presence of the former Elm Street Ash Dump.
, Minneapolis, MN
5.7 Other Off-Site Issues
During an internet search for documents further discussing the Elm Street Ash Dump, a Phase II ESA report identified as Limited Phase II Environmental Investigation, Vacant
Property, Highway , St. Paul, MN, Landmark Environmental, June
2019 (Ref. 16, Appendix E) was obtained and reviewed for a property south-southeast of the Subject Property. A Phase I ESA Report done for the property indicated that “historic activities on the property have likely involved the use, storage, and/or disposal of hazardous substances and petroleum products, and the documented presence of impacted fill soils at the property, likely caused by historic dumping (Elm Street Ash Dump), was identified as a REC.” This REC was addressed during the Phase II investigation, which involved the excavation of eight test trenches.
Fill material was observed across the property to depths of 5 feet deep. Fill material was comprised of silty sand with varying amounts of gravel and debris. A petroleum odor, elevated PID (photoionization detector) readings, and debris consisting of concrete, brick, clay tile, glass, plastic, wood, rubber, slag/coke, ash, metal and styrofoam were observed in each of the test trenches.
Phase II investigation results indicated that arsenic, lead, mercury, benzene, ethylbenzene, trichloroethene, and diesel range organics were detected above applicable regulatory standards. The consultant recommended that the current property owner report the soil results to the Minnesota Department of Emergency Management Duty Officer, and to prepare an enrollment application to the MPCA Voluntary Brownfields Program. They also recommended that a Voluntary Response Action Plan (VRAP) be prepared and submitted to the MPCA VIC and Petroleum Brownfields Programs for review and approval to address the management of impacted soil and fill material (and groundwater if necessary) associated with future construction. A VRAP was prepared (Ref. 17, Appendix E). There are no additional updates regarding this property.
6.0 CONCLUSIONS
6.1 Data Gaps
Hyde performed this Phase I ESA in general conformance with the scope and limitations of
ASTM E1527-13, Standard Practice for Environmental Site Assessments. However, CERCLA due diligence requirements established under the All Appropriate Inquiries Rule were not met because the Users did not provide information (e.g. recorded land title records, environmental liens filed or recorded against the property, identification for any AULs, such as engineering controls, land use restrictions or institutional controls) sufficient to demonstrate it meets full LLP. The inability to provide this information represents a data gap. However, Hyde assumes that qualification for Landowner Liability Protections (LLPs) is being established by the Users in documentation outside of this assessment, and the information reviewed during this Phase I ESA is believed to be sufficient to meet the project objectives to identify actual and potential environmental liabilities associated with current and historical use of the Subject Property.
6.2 On-Site Issues
During this assessment, we observed the Subject Property and nearby properties, reviewed aerial photographs, conducted a database search and performed interviews with Subject Property owner representatives and local officials. We have performed the Phase I ESA in conformance with the scope and limitations of ASTM E1527-13 Standard Practice of
Minneapolis, Hennepin County, MN. This assessment has revealed no
evidence of RECs in connection to the Subject Property, except the following:
- According to information reviewed from several sources during the preparation of this report, an approximately half-mile area along Energy Park Drive/Kasota Ave. from Highway 280 west/northwest to 26th Avenue in Minneapolis was turned into the Elm Street Ash Dump between the 1930s and 1970s (which includes the Subject Property). Records indicated that up to 20 feet of debris, medical waste, solid waste, and incinerator ash from the City of Minneapolis, Hennepin County Medical Center and the University of Minnesota, and waste from Burlington Northern (Railroad) was placed in the dump. More specifically, one investigation noted, “Debris consisting of concrete, brick, clay tile, glass, plastic, wood, rubber, slag/coke, ash, metal, and styrofoam were observed.”
Several investigations, including one overseen by the Minnesota Pollution Control Agency (MPCA) on the Subject Property, revealed buried hazardous materials, including lead, cadmium, barium, and mercury. Polycyclic aromatic hydrocarbons (PAHs) and volatile organic compounds (VOCs) were also detected in soil and groundwater. The previous on-site presence of the Elm Street Ash Dump is a REC.
- Based on our review of the records provided by ERIS, our inspection of site conditions, and interviews with key personnel, it is our professional opinion that a vapor encroachment condition exists on the Subject Property due the proximity of the former Elm Street Ash Dump. The known presence of the former landfill combined with the propensity for the former landfill to generate methane gas and off-gas other volatile organic compounds (VOCs), makes vapor migration a REC.
- WWES also discussed a fenced-in, empty-drum storage pen located on the northeast corner of the parking lot. Some of the drum covers had fallen off. They stated that if any material remained in the drums, it could have discharged to the lawn near the property boundary. They recommended a surface soil investigation near the pen. According the User representative (Ref. 1), an investigation of this area never took place. Based on this response, the exterior former drum storage near the northeast corner of the Subject Property building is a REC.
One Historical REC was identified for the Subject Property:
- The Subject Property was listed on a spills database that is maintained by the MPCA. The listing, under Ritrama, Inc., is for a spill which occurred on November 22, 2005. A “tote with 2,500 lbs water, 300 lbs water base adhesive” was reported as having gone to the storm sewer. The “Company believes at most 5 gallons in 350 gallons of water went to the storm sewer, by employee error. Investigated outfall, no discharge noted.” This spill was closed on December 02, 2005. Because the spill case was closed without continuing obligations, this listing is considered a historical REC.
6.3 Off-Site Issues
During this assessment, we also observed nearby properties, reviewed aerial photographs, conducted a database search, performed interviews with owner representatives, and contacted local government offices for records. This assessment has revealed no evidence of off-site RECs that would likely impact the environmental conditions of the Subject Property except the following:
- Several investigations on nearby properties revealed heavy metals, PAHs, and VOCs, among other contaminants in soil and groundwater, all related to the Elm Street Ash Dump. The nearby presence of the Elm Street Ash Dump is a REC.
- Based on our review of the records provided by ERIS, our inspection of Subject Property conditions and interviews with key personnel, it is our professional opinion that a vapor encroachment condition likely exists on a nearby and/or
adjacent property to the Subject Property that would impact the Subject Property. The cause of the vapor encroachment condition is the presence of the former Elm Street Ash Dump.
7.0 DISCLAIMER AND CERTIFICATION
This Phase I ESA was performed according to ASTM E1527-13, based on conditions observed on November 18, 2020. Past conditions were considered based on observations and readily available records, interviews and recollections. Hyde Environmental, Inc. cannot attest to the completeness and accuracy of these records and recollections. It is possible that past contamination remains undiscovered or that these conditions will change on the Subject Property in the future. Environmental conditions are highly variable, and the results of this assessment may not represent the full range of environmental conditions at the Subject Property. Hyde does not warrant or guarantee the Subject Property suitable for any particular purpose or certify the Subject Property as “clean.” Future regulatory modifications, agency interpretations, and/or policy changes may affect the status of the Subject Property.
The information contained in this document is confidential, privileged and only for the use of Ritrama, Inc. and their lender and shall not be copied, distributed or reproduced, in whole or in part, nor passed to any third party, without express written consent of Hyde Environmental, Inc. The opinions expressed in this report are in good faith and, while every care has been taken in preparing this document, Hyde Environmental, Inc. makes no representations and gives no warranties of any nature in respect to this document including, but not limited to, the accuracy or completeness of any information, facts and/or opinions contained herein. Hyde Environmental, Inc., its directors, employees and agents cannot be held liable for the use of and reliance of the opinions, estimates, forecasts and findings in this report.
This Phase I ESA was performed by Mr. Logan Cranley and Mr. Corey Pagels, who qualify as environmental professionals, as defined by ASTM E1527-13.
We declare that, to the best of my professional knowledge and belief, we meet the definition of environmental professionals as defined in §312.10 of 40 CFR 312, and we have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the Subject Property. We have developed and performed the appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Section 312.
We certify that the information contained in the Phase I report on the Subject Property has been gathered under our direction and is reported as submitted by the various reporting agencies used in compilation of data to complete this report. There have been no changes, alterations or modifications. The facts stated in this report are true to the best of our knowledge.
8.0 REFERENCES
- Hennepin County, Minnesota, Geographic Information Services website; http://gis.hennepin.us/property/map/default.aspx
- Zoning Map, City of Minneapolis, MN, Zoning Plate 16, map date January 18, 2019. www2.minneapolismn.gov/zoningmaps/zoning_maps_index
- ERIS Fire Insurance Maps Report; Order No. 20313000314, November 30, 2020
- ERIS City Directory Report; Order No. 20313000314, December 06, 2020
- ERIS Historical Aerials; Order No. 20313000314, December 03, 2020
- ERIS Database Report; Order No. 20313000314, December 02, 2020
- ERIS Physical Setting Report; 20313000314, November 30, 2020
- Web Soil Survey (WSS); S. Department of Agriculture, Natural Resources Conservation Service; http://websoilsurvey.nrcs.usda.gov/app/
- Property Information Database, City of Minneapolis, http://apps.ci.minneapolis.mn.us/PIApp/InspectionPermitsDetail.aspx?P_ID=1780347 &PID=1902923420002
- J-Mark, https://j-markproducts.com/About-J-Mark/
- Phase I Environmental Site Assessment,
- Minneapolis, Minnesota, WW Engineering & Science, Inc., September 1990
- Pressure-sensitive Adhesives Information, https://www.adhesivesmag.com/articles/86079-manufacturing-pressure-sensitiveadhesive-products-a-coating-and-laminating-process
- Xcel Energy, Environmental Services Office, Ph. (612) 330-6989
- Limited Phase II Environmental Investigation, Vacant Property, Paul, MN, Landmark Environmental, June 2019
- Voluntary Response Action Plan, Vacant Property,
- Paul, MN, Landmark Environmental, June 2019
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