Agenda - Council - 02/09/2010 - Laserfiche WebLink

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CASE # REVIEW BURLINGTON NORTHERN SANTA FE (BNSF) ARSENIC CLEANUP REQUEST AND APPROVE PROPOSED PLAN By: Tim Himmer, City Engineer Background: The City. recently received a request from AECOM, a consultant working on behave of BNSF, to review and comment on a plan to remediate a past arsenic spill caused by a train derailment in 1963. The area of impacted soil is located within the BNSF right-of--way and on a portion of the adjacent Burger King site near Ramsey Boulevard. It is estimated that 5,700 cubic .yards of soil must excavated, transported, and disposed of at a licensed landfill facility. The plan proposes water management to get to the impacted soil within the BNSF right-of--way and beneath the existing pond on the Burger King, site. Water that must be managed under this plan includes existing surface water within the pond, on-going storm water runoff from the Burger King site during implementation, and potential dewatering for removal of impacted subsurface soils. Part of this water management proposal leaves open the possibility of discharging impacted water directly to the City's sanitary sewer system near this location. In the event this option does occur BNSF must provide additional information related to the rules and regulations of such discharge, and comply with all Met Council requirements for flow within their interceptor line and treatment facilities. It appears as if a City interim use permit (IUP) will be required for the proposed project. Staff will be working with BNSF to compile all the required information for such an application and it will be brought through the formal City approval process (Planning Commission and City Council) at a later date. Observations: BNSF is requesting to use a portion of City land adjacent to the impacted area~for construction staging and a temporary field office; no stockpiling or handling of impacted material will take place on City owned property. Staff will be requesting a more detailed plan for use of City property as the submitted attachments are not clear as to the exact location and proposed ingress/egress. If acceptable, a formal access agreement will be executed. The proposed remedial plan has been reviewed and approved by the MPCA. Several other agencies (WMO, MnDOT, Anoka County, Met Council, etc.) are in the process or will also be reviewing this plan, and BNSF will be required to comply with all requirements of those agencies as well. Staff will be preparing a response letter to BNSF and is looking for Committee feedback. Funding: This initial submittal is being handled by staff time with no compensation. Once a formal IUP application is presented staff will be able to draw upon an escrow deposited by BNSF for on- going reviews.