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Warren W. Schaber <br />July 1, 1985 <br />Page 5 <br />Our involvemenC has been limited to assisting the MPCA with <br />ground water testing in the park site. They have been <br />contlucting extensive testing regarding the soil conditions in <br />the entire New Brighton area. The County has tinkered into <br />several access agreements with the MCPA to allow them to place <br />monitoring wells an park property. We have recommended <br />cooperation with the MPCA because it is in the public ihtertist <br />and not inconsistent with park purposes. Xvu should alas be <br />aware that, according t4 Dan Schacht, MPCA representatives are <br />willing to make an informational presentation to the County <br />regarding this ground water contamination problem if the Board. <br />so desires. <br />Consequently, we are not directly involved with this issue <br />at the present time except for the monitoring wells. However, <br />it is important to maintain cooperation with the MPCA and New <br />8rigriton and to be knowledgeable regarding potential ground <br />water contamination because it could have significant legal <br />consequences when the park reaches the operational stages. <br />3. WILLIAMS BROTHERS PIPELINE <br />A third environmmental issue involves the existence of a <br />petroleum products pipeline within the boundaries of the park <br />which is operated by Williams Brothers Pipeline Company. This <br />issue is being addressed because some Commissioners have <br />_ expressed a concern reyarding the legal implications of its <br />existence on park property. <br />,The pipeline in question is an eight inch high pressure line <br />which carries petroleum products. While most of the pipeline <br />lies on adjacent property owned by Minnesota Transfer Railway, a <br />21p0 foot section of it leaves the railroad right of way and <br />crosses into park land. The property in question was originally <br />owned by MTR, acquired in condemnation by the City of New <br />9~ighton in 1972, and eventually conveyed to Ramsey County in <br />1982. The later acquisitions were both subject to existing <br />pipeline easement rights. <br />The pipeline was originally constructed in 1957 pursuant to <br />a twenty year Easement Agreement. This easement was extended by <br />MTR in 1977 for another twenty years. Rased upon these legal <br />documents, Williams Bros. has an arguable legal right to be on <br />the property. The pipeline probably cannot be legally removed <br />at the present time because both the New Brighton condemnation <br />and the subsequent conveyance to Ramsey County were taken <br />subject to their easement. However, upon expiration of their <br />~d <br />