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June 7, 1995
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Mr. Jim Dunn ` - VN
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;� Lakeside Marina
� 3324 North Shore Drive �,
''�,,�Wayzata, Minnesota 55391
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RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Lakeside Marina, 3324 North Shore Drive, Orono
Site ID#: LEAK00008419
Dear Mr. Dunn:
Notice of Release
The Minnesota Pollution Control Agency (MPCA) has received notification that a release of
petroleum has occurred from storage tank facilities which you own and/or operate that has
resulted in contamination of soil and/or ground water.
Legal Obligations
Federal and state laws require that persons legally responsible for storage tanl: releases notify the
MPCA of the release, investigate the extent of the release and take actions needed to ensure that
the release is cleaned up. A person is considered legally responsible for a tank release if the
person owned or operated the tank either during or after the release, unless specifically exempted
under the law. See Mirul. Stat. § 11�C.021 (1992). If you believe that you are not legally
responsible for this storage tank release, please submit a written explanation of your position to
the MPCA within 30 days. .
If you are not legally responsible for the release, but hold legal or equitable title to the property
where the release occurred, you may volunteer to take corrective action. Responsible persons
and volunteers who take corrective action may be eligible for reimbursement for a major portion
of the costs of corrective action. The legislature has established the Petroleum Tanl: Release
Cleanup Account to reimburse responsible persons and volunteers. The account is administered
by the Petro Board which is part of the Minnesota Department of Commerce. Final decisions
regarding the amount of reimbursement are made by the Petro Board. All questions about
eligibility and reimbursement should be directed to the Petro Board at 612/297-1119 or
612/297-4203.
520 Lafavette Rd-� St- Paul MN 5�1�ti-a14.�� (�1?1 �o�_g��n� RA��-,�a� n`�ir,Pc� Duluth • Brainerd • �P,.^;, � ��.��• t,n�.cr.�n . R„�ti����.
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Mr. Jim Dunn
Page 2 �
June 7, 1995
Request to Take Corrective Action
The MPCA staff is requesting you to take the steps necessary to investigate and clean up the
release in accordance with the enclosed NIPCA fact sheets. The MPCA requires that you
conduct a site investigation to define the full extent and magnitude of the soil and/or ground
water contamination caused by the release. A report which details the results of the investigation
or concludes that excavation was sufficient to address the release for cleanup (Excavation Report
and/or Remedial Investigation/Corrective Action Design(RI/CAD))must be submitted to this
office within 10 months of the date of this letter. Please refer to MPCA fact sheets for
information pertaining to the degree of investigative work necessary at petroleum release sites.
Sites with free product, drinking water supply impacts, fire or explosion hazards, or ground water
impacts which pose a significant threat to public health or the environment, are considered high
priority for staff review. If one or more of these situations apply to your site, an RUCAD report
must be submitted within 90 days. In addition, if you know or discover that there is free-floating
petroleum in a well, excavation, or borehole, you must notify the MPCA within 24 hours and
IMMEDIATELY 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 Petro Board that has experience in conducting petroleum release site
investigations and in proposing and implementing appropriate corrective actions. A list of
registered contractors and consultants is available from the Minnesota Department of Commerce.
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 Minn. Rules pt. 2890.0075, subp. 2,
you must solicit a miriimum of two competitive proposals on a form prescribed by the Petro
Board to ensure that the consulting costs are reasonable. Questions about bidding requirements
should be directed to Petro Board staff.
Required Response
MPCA staff requests a written or verbal response to this letter within 30 days. In your response,
please tell us whether you intend to comply with the above requirements. If you do not respond
within this time frame,the MPCA staff will assume that you do not intend to comply, in which
case the MPCA Commissioner may order you to take corrective action. If you do not comply
with the Commissioner's order, it may be enforced in court or, alternatively,the MPCA could use
state funds to clean up the release and then request the Attorney General to recover its costs from
you through legal action. Failure to cooperate with the MPCA in a timely manner will also result
in reduced reimbursement from the Petro Board. See Minn. Rules pt. 2890.0065, subp. 1,
item C.
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Mr. Jim Dunn
Page 3�
June 7, 1995
The enclosed fact sheets will provide you with the information necessary to complete a
successful investigation and cleanup.
If you have any questions concerning this letter or need additional information, please contact me
at 612/297-8583. Please reference the above LEAK#in all correspondence.
Sincerely,
������.�
'ck Newquist
Project Manager
Cleanup Unit III
Tanks and Spills Section
RN:bah
Enclosures �
cc: Dorothy Hallin, City Clerk, Orono
Greg Lie, Hennepin CounTy Official
M i n nesota Pol I ution Control Agency
August 12, 1996
� Mr. Jim Dunn g ��a°_4�,.
Lakeside Marina pVG �-
3324 North Shore Drive .
Wayzata,Minnesota 55391
RE: Modified Corrective Action Design ApprovaUMonitoring Only ,
Site: Lakeside Marina, 3324 N�rth Shore Drive, Crano
Site ID#: LEAK00008419
Dear Mr. Dunn:
The Minnesota Pollution Control Agency(MPCA) staff has reviewed your remedial �
investigation report dated March 21, 1996, outlining a plan of response to the petroleum tank
release at the above-referenced site. The purpose of the ground water monitoring is to document
that no contaminant migration is occurring and to confirm that the contamination plume is �
shrinking. The MPCA staff hereby approves the Corrective Action Design for this site for
monitoring only with the following stipulations:
General Conditions:
If subsequently obtained information indicates that the approved corrective actions are
inappropriate or inadequate,the MPCA may require additional work or modifications in the
approved work. The MPCA should be notified if any of the following conditions occur at the
site:
a) Free product is found to be present.
b) Substantial migration of the contamination glume has occurred.
c) New risk information is gained or risk factors change about ground water receptors,vapor
receptors or impacts to surface waters.
520 Lafayette Rd. N.; St. Paul, MN 55155-4194;(612)296-6300(voice); (612)282-5332(TTY)
Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall•Rochester
Equal Opportunity Employer•Printed on recycled paper containing at least 10'/o fibers from paper recycled by consumers.
Mr. Jim Dunn
Page 2
August 12, 1996
Monitoring Requirements:
Monitoring should be conducted quarterly for the first six monitoring events. Thereafter
monitoring should be conducted semi-annually until closure criteria are met(See"Closure
criteria below). Monitoring should include:
a) Measurement of water level and product thickness in all monitoring wells;
b) Analysis of water samples from all monitoring wells for benzene, ethyl benzene, toluene,
xylene,methyl tertiary butyl ether, a�:nd total petroleum hydro carbons usin�gasoline rar�ge
organics and diesel range organics;
c) Semi-annual vapor survey of utilities or structures that have the potential to be impacted by
the release.
Additional Work:
Perform push probe ground water investigation and analysis at water table to show that plume is
stable and not affecting surface water. Analyze ground water for gasoline range organics, diesel
range organics,benzene,toluene, ethyl-benzene,xylene, and methyl tertiary butyl ether.
Re�ortine:
An annual progress report should be prepared arid submitted in accordance MPCA Fact Sheet
#3.26,"Annual Monitoring Report,"April 1996. Results of the quarterly(or semi-annual) '
monitoring should be included in the annual report. Results of quarterly or semi-annual
monitoring should simply be submitted to MPCA staff in tabulaz format.
Mr. Jim Dunn
Page 3
August 12, 1996
Closure Criteria:
A recommendation for closure of the investigation can be advanced when either of the following
requirements have been met at the contamination plume margins following the first six quarters
of monitoring.
a) Contaminant concentrations drop below the HRLs for two consecutive monitoring events; or
b) A declining contamination concentration trend is documented with a minimum of three •
consecutive monitoring events and monitoring data documen��ha�ilc, cor�taminant migratiun
is occurring.
Approval of this Corrective Action Design is based on its environmental merits for addressing
the petroleum contamination only. This letter does not apply to other types of contamination that
may be present on the subject property.
This approval qualifies you under Minn. Stat. § 115C.09, subd. 2(a)(3) (1994) to be eligible for
Petrofund reimbursement of eligible cleanup costs. Applications for reimbursement must be
made directly to the Petrofund. Decisions regarding Petrofund reimbursement are made by the
Petro Board. Reimbursement decisions are based on factors such as the adequacy of cleanup,
reasonableness of cost, compliance with notification laws, and cooperation with the MPCA.
If you have questions regarding the investigation of ground water at this site,please contact
MPCA staff hydrogeologist Jim Seaberg at 612/297-8579. If you have any other questions,
please call MPCA project manager Rick Newquist at 612/297-8583.
Sincerely,
� � � .
Richard Newquist James Seab , P.G.
Project Manager Hydroge ogist
Cleanup Unit III Cleanu nit III
Tanks and Emergency Response Section Tanks and Emergency Response Section
RN:smg
cc: Christopher Bratsch, Peer Environmental
Minnesota Department of Commerce Petrofund Staff
It�Iike Gaffron, City of Orono, Crystal Bay
Laura Roberts, Commercial Hazardous Waste Section, Hennepin County
Mi nes ta Poll tio o trol Agency
November 15, 1999
Mr. Jim Dunn r ��� � G ����
Lakeside Marina �"` �' �-��-
3324 North Shore Drive ``
Wayzata, Minnesota 55391
RE: Petroleum Tank Release Site File Closure
Site: Lakeside Marina, 3324 North Shore Drive, Orono
Site ID#: LEAK00008419
Dear Mr. Dunn:
We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Site
Remediation Section (SRS) staff has determined that your investigation and/or cleanup has
adequately addressed the petroleum tank release at the site listed above. Based on the
information provided, the SRS staff has closed the release site file.
Closure of the file means that the SRS staff does not require any additional investigation and/or
cleanup work at this time or in the foreseeable future. Please be aware that file closure does not
necessarily mean that all petroleum contamination has been removed from this site. However,
the SRS staff has concluded that any remaining contamination, if present, does not appear to pose
a threat to public health or the environment.
The MPCA reserves the right to reopen this file and to require additional investigation and/or
cleanup work if new information or changing regulatory requirements make additional work
necessary. If you or other parties discover additional contamination (either petroleum or
nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the
MPCA be immediately notified.
You should understand that this letter does not release any party from liability for the petroleum
contamination under Minn. Stat. ch. 115C (Supp. 1997) or any other applicable state or federal
law. In addition, this letter does not release any party from liability for nonpetroleum
contamination, if present, under Minn. Stat. ch. 115B (1996), the Minnesota Superfund Law.
520 Lafayette Rd. N.;St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY)
Regional Offices: Duluth • Brainerd • Detroit Lakes• Marsha�l • Rochester
Equal Opportunity Employer•Printed on recycled paper containing at least 20%fibers from paper recycled by consumers.
Mr. Jim Dunn
November 15, 1999
Page 2
The monitoring wells for this site should be abandoned in accordance with the Minnesota
Department of Health Well Code, Chapter 4725. If you choose to keep the monitoring wells, the
Minnesota Department of Health will continue to assess a maintenance fee for each we1L
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 that may provide partial
reimbursement for petroleum tank release cleanup costs. This fund is administered by the
Department of Commerce Petro Board. Specific eligibility rules are available from the Petro
Board at 612/297-1119 or 612/297-4203.
If future development of this property or the surrounding area is planned, it should be assumed
that petroleum contamination may still be present. If petroleum contamination is encountered
during future development work, the MPCA staff should be notified immediately.
For specific information regarding petroleum contamination that may remain at this leak site,
please call the TERS File Request Program at 612/297-8587. The MPCA fact sheet, Request to
Bill for Services Performed, must be completed prior to arranging a time for file review.
Thank you for your response to this petroleum tank release and for your cooperation with the
MPCA to protect public health and the environment. If you have any questions regarding this
letter, please call me at 651/297-8581.
Sincerely,
,
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Jelil Abdella ��----rt_
Project Manager
Site Remediation Section
Metro District
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cc: Lin Vee, Orono City Clerk
Greg Lie, Hennepin County Solid Waste Officer
Jennifer A. Force, Peer Environmental
Minnesota Department of Commerce Petrofund Staff
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'�'�Hp'g' 2750 Kelley Pa�kway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
July 1, 1999
James Dunn
Lakeside Marina
3324 North Shore Drive
Wayzaxa, MN 55391
Re: Aboveground Fuel Tank-Zoning Requirements
Dear Mr. Dunn:
It is our understanding that you intend to install an aboveground fuel storage system at the marina,
but have not made formal application to do so for reasons unknown to the City. You need to be
aware of the following Orono zoning{Municipal Code Chapter 10) and fire protection(Municipal
Code Chapter 9, Section 9.34)code requirements which will apply to such a facility:
1. An aboveground fuel storage facility is treated as a structure for zoning purposes because it
has many of the characteristics of a small storage building.
2. Minimum required lakeshore setback is 75' [Section 9.34 Subd.2(A)2c and Section 10.41, ,
Subd. 12(B)and Subd. 13(A)] . A'diked' (full containment)tank would be allowed within
30'of the shoreline under Section 9.34,but this would require a variance to the zoning code.
3. Minimum required side property line setback is 50' [Section 934 Subd.2(A)2b]. •
4. Required street property line setback is 50' [Section 9.34 Subd. 2(A)2a and Section 10.41
Subd. 12(B)6 and Subd. 13(C)].
5. Installation of an aboveground tank will constitute a conversion of hazdcover from non-
structural status to structural status,which will require a vaziance because the site is already
in excess of the hardcover limits established by code [Section 10.41 Subd. 13(D)].
"Marine fuel sales" is a permitted use under the B-2 District standards,hence there is not a question
as to your right to sell fuel. However,any aboveground tank location you propose will have to
meet the standards noted above, and will require a hardcover variance.If you propose a tank
location not meeting the above standazds, even if it meets State Fire Code location standards, a
variance would have to be obtained.
Telephone(612)249-4600 • Fax(612)249-0616
Lakeside Marina-Jim Dunn
July 1, 1999
Page 2
. I ain enclosing a variance application for your use. Tlie next deadline for submitting a complete
application is Wednesday, July 21, 1999 at noon. This application would be reviewed by the
Planning Commission on Monday,August 16, 1999 and by the City Council on Monday,September
13, 1999. A complete application will consist of the listed items 1 thru 8 on page 7 of the variance
application package. You must include an up-to-date survey showing all existing improvements and
showing to scale the proposed location of the fuel storage facility,and showing how it will relate to
your site operation plan and parking. The proposal should also provide plans and specs for the fuel
storage facility.
Please contact me or Zoning Administrator Paul Weinberger at 249-4600 if you have any questions.
Sincerely, �
�
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Michael P. Gaf&on .
Senior Planning Coordinator
encL
cc: Lyle Oman,Building Official
Paul Weinberger,Zoning Administrator/Planner
Ron Moorse, City Administrator
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;� ,���r�;_ _ � ���� CITY of ORONO
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�,� ,� a `:,:;'�';�G S t r e e t A d d r e s s: M a i l i n Q A d d r e s s:
'�'�g04' 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323•0066
July 1, 1999
Jim Dunn ,
Lakeside Marina I
3324 North Shore Drive
Wayzata, Minnesota 55391
Re: Notice of Fire Code Violations
Dear Mr. Dunn:
In accordance with yesterday's inspection (June 30, 1999), this is formal notice that your above-
ground storage located at the above-mentioned premise is in violation of State of Minnesota
Uniform Fire Code Chapter 79. Your temporary storage tank is not listed for use with gasoline,
which is a Class I-B flammable liquid. Listed storage tanks for Class I-B flammables shall be
double walled with secondary containment and all other provisions of Chapter 79, Section 7901 and
7902.2, a copy of which is enclosed for your reference.
The dumpster located in front of the storage tank shall be moved to a different location -- a minimum
distance of 30 feet -- immediately.
Due to the hazardous condition of this installation, the City must require you to remove the tank
from the property as soon as possible but no later than July 12, 1999. If this deadline is not met, the
City will issue citations and initiate further legal action. To reinstall any fuel tank will require City
approval and permits.
Sincerely,
41 c,�+�--�� `�cJ
William C. Meyer
Fire Marshal, City of Orono
WCM/ch
Telephone(612)249-4600 • Fax(612)249-4616