Agenda - Council - 06/08/2010 - Laserfiche WebLink

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CASE # ~, Q' 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: In July of 1963, there was a train derailment near the intersection of Ramsey Boulevard (CSAH 56) and the Burlington Northern Santa Fe (BNSF) railroad that resulted in the release of powdered lead arsenate, which was being transported in drums. Railroad personnel conducted a clean up of the site in 1963; however, the site was reopened in the 1980's after the Minnesota Pollution Control Agency (MPCA) 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 ofarsenic-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 railroadright-of--way to remediate arsenic-impacted soils resulting from the train derailment in 1963. Notification: State statute requires notification of the public hearing 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 arsenic-impacted materials have been managed with regulatory oversight through the MPCA Voluntary Investigation and Cleanup (VIC) program. BNSF would like to implement their Response Action Plans, which have been reviewed and approved by the MPCA, to remediate this site. The Response Action Plans include excavation and removal of arsenic-impacted earth material and hauling to the Veolia Non-Hazardous Subtitle D Landfill near Buffalo, MN. Section 117-359 of the Ramsey City Code requires an Interim Use Permit for any excavation activity that 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 areas, 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 proj ect, will be managed. The proposed dewatering activities would need to be coordinated with the City to ensure that it would not disrupt a City project that is already underway. As part of the Interim Use Permit, the applicant has requested temporary access and use 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 ofarsenic-impacted soil. The property in question (Outlot HH, Ramsey Town Center Addition) is under the ownership of the Ramsey HRA and thus any action granting or denying access to