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Ms.Jenifer Kent <br /> Page 2 <br /> October 19,2015 <br /> Identified Release for the purpose of Minn.Stat.§ 115B.03,subd. 3(4)(2014).This determination is <br /> being sought for lunds and the determination is retroactive to the date that Lunds leased the Site.This <br /> determination applies to the following Past Actions: <br /> • Leasing of the building and grounds since 2003;and <br /> • Operation of the Site as a grocery store. <br /> This letter also addresses Lunds request for a determination unde�Minn.Stat.§1156.178,subd. l(a) <br /> that certain actions proposed to be taken by Lunds at the Site will not constitute conduct associating <br /> Lunds with the release or threatened release of hazardous substances,contaminants,or pollutants at <br /> the Site for the purposes of Minn.Stat. §115B.03,subd.3(4) (20Y4). <br /> Based upon a review of the information provided to the MPCA VIC Program,and subject to the <br /> conditions set forth in this letter,a determination is hereby made pursuant to Minn.Stat.§ 115B.178, <br /> subd.l(a)that the proposed actions(Proposed Actions)as described in the Past/Proposed Actions <br /> Letter will not associate Lunds with the Identified Release for the purpose of Minn.Stat.§1156.03, <br /> subd.3(4)(2014).This determination applies to the following Proposed Actions: <br /> • Purchase of the Site; <br /> • Continued operations at the Site as a grocery store;and <br /> • Future re-development of the Site under a MPCA approved Response Action Plan(RAP). <br /> The Retroactive No Association Determination and No Association Determination made in this letter are <br /> subject to the following conditions: <br /> 1. The representations made in the Past/Proposed Actions Letter and Affidavit are accurate and the <br /> Past Actions were carried out as described in the Past/Proposed Actions Letter and Affidavit; . <br /> 2. The Proposed Actions shall be carried out as described in the Past/Proposed Action Letter; <br /> 3. Lunds shall cooperate with the MPCA, its employees,contractors, and others acting at the MPCA's <br /> direction,in the event that the MPCA takes,or directs others to take, response actions at the Site to <br /> address the Identified Release or any other as yet unidentified release or threatened release of a <br /> hazardous substance, pollutant,or contaminant, including, but not limited to,granting access to the <br /> Site so that response actions can be taken;and <br /> 4. Lunds shall avoid attions that contribute to the Identified Release or that interFere with response <br /> actions required under any MPCA-approved response action plan to address the Identified Release. <br /> Pursuant to Minn.Stat.§1156.178,subd.l,when Lunds takes the Proposed Actions in accordance with <br /> the determination in this letter,subject to the conditions stated herein,the Proposed Actions will not <br /> associate Lunds with the Identified Release for the purpose of Minn.Stat. § 1158.03,subd.3(4)(2014�. <br /> The determination made in this letter applies to Lunds'successors and assigns if the successors and <br /> assigns: 1)are not otherwise responsible for the Identified Release at the Site; 2)do not engage in <br />