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CASE # REQUEST FOR TEMPROARY ACCESS AND UTILIZATION OF A PORTION OF OUTLOT HH, RAMSEY TOWN CENTER ADDITION, TO FACILITATE MITIGATION WORK ON THE ADJACENT RAILROAD RIGHT OF WAY; CASE OF BNSF RAILWAY COMPANY By: Chris Anderson, Environmental Coordinator Background: In June of this year, the City Council approved an Interim Use Permit (IUP) requested by BNSF Railway Company to export approximately 5,700 cubic yards ofarsenic-impacted material from the Burger King site and adjacent railroad right-of--way. The arsenic-impacted material is the result of a train derailment that occurred in 1963. Observations: As part of the Interim Use Permit application, the applicant requested temporary access and use of a City- owned parcel to efficiently complete this project. The area would be used to stage equipment and supplies needed to implement the MPCA-approved Response Action Plans, parking, and as a temporary field office. The property would not be used for the storage ortreatment ofarsenic-impacted soil. The property in question (Outlot HH, Ramsey Town Center Addition) is under the ownership of the Ramsey HRA and thus this part of the request required HRA consideration. Should the HRA grant permission for temporary access and utilization of a portion of Outlot HH, Ramsey Town Center Addition, it would be contingent upon the applicant entering into an Access Agreement with the City. Recommendation: Staff recommends that the HRA approve BNSF Railway Company's request for temporary access and utilization of a portion of Outlot HH, Ramsey Town Center Addition, as outlined in Exhibit 1, through August 1, 2011, contingent upon entering into an access agreement with the City. Funding Source: All costs associated with processing the application are the responsibility of the applicant. HRA Action: Motion to approve the request for temporary access and utilization of a portion of Outlot HH, Ramsey Town Center Addition as outlined in Exhibit 1, through August 1, 2011, contingent upon BNSF Railway Company entering in an access agreement with the City. -or- Motion to deny the request for temporary access and utilization of a portion of Outlot HH, Ramsey Town Center Addition.