Agenda - Planning Commission - 05/06/2010

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CASE # I PUBLIC HEARING REQUEST FOR AN INTERIM USE PERMIT FOR GRADING AND MINING .ACTIVITIES AT 7205. HIGHWAY 10 NW AND A PORTION OF THE ADJACENT RAILROAD RIGHT-OF-WAY; CASE OF BNSF RAILWAY COMPANY By: Chris Anderson, Environmental Coordinator Background: 1n July of 1963, there was a train deraihent neaz the intersection of Ramsey Boulevard (CSAH 56) and the Burlington Northern Santa Fe (BNSF) railroad that resulted,in the release of powdered lead arsenate being transported in drums. Railroad personnel conducted a cleazi up of the site in 1963; however, the site was reopened in the 1980's after the Minnesota Pollution Cohtrol Agency (IviPCA) received an anonymous call claiming that drums of powdered lead arsenate had been buried. at the site during the initial clean up efforts. Environmental Protection Agency (EPA), MPCA and BNSF investigations did not identify any buried drums at the site but did identify an area of azsenic-impacted soil that required remediation. BNSF Railway Company has submitted an application for an Interim Use Permit (ILTP) for grading and mining purposes at 7205 Highway 10 NW and the adjacent railroad right-of--way to mitigate arsenic-impacted soils resulting from a train derailment in 1963. Notification: State statute requires notification of the public hearhig to property owners within 350 feet of the subject property. -Staff sent out notices to all property owners within 350 feet. Observations: The areas containing the azsenic-impacted materials have been managed with regulatory oversightthrough the--. --- -- - MPCA Voluntary Investigation and Cleanuli (VIC) program. BNSF would like to implement their Response Action Plans, which have been reviewed by the MPCA, to remediate this site. The Response Action Plans include excavating and removal ofazsenic-impacted earth material and hauling to the VeoliaNon-Hazardous Subtitle D Landfill neaz Buffalo, MN. _ _' .. Section 117-359 of the Ramsey City Code requires an Interim LJse Permit for any excavation activity tliat exceeds 400 cubic yards of earth material. According to the Applicant, about 5,700 cubic yards of arsenic- impacted earth material will be removed from the site. Upon completion of the excavation work, fill will be. brought in to restore the impacted aeeas, both along the railroad right-of-way and the storm water retention pond on the Burger King property. Part of the remediation work includes a portion of the storm water retention pond on the Burger King property. The applicant has submitted a water management plan outlining how water, both in the pond and any precipitation that may fall during the project, will be managed. As part of the Interim Use Permit, the applicant has requested temporary access anduse of aCity-owned parcel to efficiently complete this project. The area would be used.to stage equipment and supplies needed to implement the Response Action Plans, parking and as a temporary field office. The property would not be used for the storage or treatment of azsenic-impacted soil.