STB REPORT #68 - OCTOBER 16 - 31, 2000 ****************************************************************************** A compilation of decisions and notices published by the Surface Transportation Board. Includes information on track abandonments, ownership changes and trackage rights agreements. Condensed for readability. The full text is available at www.stb.dot.gov/ ****************************************************************************** DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33934] The Canadian American Railroad Company Acquisition and Operation Exemption Green Mountain Railroad Corporation The Canadian American Railroad Company (CDAC), a Class III rail carrier, has filed to acquire and operate Green Mountain Railroad Company's (GMRC) exclusive freight railroad operations easement over approximately 40.3 route miles of rail line owned by the State of Vermont. The line extends from White River Jct., VT, to Wells River, VT, between milepost 123.2 and milepost 163.5. The Board had previously approved GMRC's acquisition of the easement in STB Finance Docket No. 33829 (STB served Dec. 20, 1999). According to the verified notice in STB Finance Docket No. 33934, the State, pursuant to the easement and an operating agreement between the State and GMRC, has the power to cause GMRC to convey the easement to CDAC. CDAC stated in its verified notice that the transaction was scheduled to be consummated ten days after the effective date of the approval of the conveyance of the easement by the Board. Decided: October 10, 2000. Service Date - October 16, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD DECISION STB Docket No. AB-290 (Sub-No. 199X) NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUNCOMBE COUNTY, NC Norfolk Southern Railway Company (NS) has filed a notice to abandon a 3.45-mile line of its railroad between old Asheville Southern Station 76+97 at Asheville and old Asheville & Craggy Mountain Station 123+00 at New Bridge, in Buncombe County, NC. Notice of the exemption was served on September 18, 2000. The exemption is scheduled to become effective on October 18, 2000. The Board's Section of Environmental Analysis (SEA) served an environmental assessment (EA) in this proceeding on September 27, 2000. In the EA, SEA states that the National Geodetic Survey (NGS) has identified six geodetic station markers that may be affected by the proposed abandonment. Therefore, SEA recommends that a condition be imposed requiring NS to consult with the NGS and provide NGS with 90 days notice prior to disturbing or destroying any geodetic station markers. SEA also states that the North Carolina State Historic Preservation Office (SHPO) has not completed its review of the proposed abandonment. Therefore, SEA recommends that a condition be imposed requiring NS to retain its interest in and take no steps to alter the historic integrity of the line until completion of the section 106 process of the National Historic Preservation Act. SEA also indicates that the right-of-way may be suitable for other public use following abandonment in this proceeding. By petition filed September 11, 2000, the Town of Woodfin filed a request for the issuance of a notice of interim trail use (NITU) for the entire line under the National Trails System Act, and for a public use condition, in order to negotiate with NS for use of the line as a recreational trail. Woodfin requests that NS be prohibited from disposing of the corridor, other than the tracks, ties and signal equipment, along the right-of-way, except for public use on reasonable terms, and that NS be barred from removing or destroying any trail-related structures, such as bridges, trestles, culverts and tunnels, for a 180-day period extending from the effective date of the abandonment exemption. By reply filed September 23, 2000, NS states that it is not willing to negotiate with Woodfin for interim trail use. NS asserts that, upon abandonment, it plans to sell the right-of-way structures to Craggy Mountain Railroad, Inc. (CMR) for use as a tourist or scenic train and any delay would be detrimental to CMR's plans for the right-of-way. Because the Trails Act permits only voluntary interim trail use, the Board cannot issue a NITU in this proceeding. NS also opposes imposition of a public use condition. As an alternative to interim trail use under the Trails Act, the right-of-way may be acquired for public use as a trail. To justify a public use condition a party must set forth: (i) the condition sought; (ii) the public importance of the condition; (iii) the period of time for which the condition would be effective; and (iv) justification for the imposition of the period of time requested. Woodfin has met these requirements, and while NS has opposed the request for a public use condition as well as the trail use request, a 180-day public use condition will be imposed. NS is required to leave bridges, trestles, culverts, and tunnels intact during that period. A public use condition is not imposed for the benefit of any one potential purchaser, but rather to provide an opportunity for any interested person to acquire the right-of-way that has been found appropriate for public purposes. It is ordered: 1. This proceeding is reopened. 2. The request for issuance of a notice of interim trail use/rail banking is denied. 3. The exemption of the abandonment of the line described above is subject to the conditions that: (a) NS consult with the NGS and provide NGS with 90 days notice prior to disturbing or destroying any geodetic station markers and (b) NS retain its interest in and take no steps to alter the historic integrity of the line until completion of the section 106 process of the National Historic Preservation Act. 4. The request for a public use condition is granted. The exemption of the abandonment of the 3.45-mile segment is subject to the condition that NS leave intact all of the right-of-way underlying the tracks, including bridges, trestles, culverts and tunnels (but not track, ties and signal equipment), for a period of 180 days from the October 18, 2000 effective date of the abandonment exemption (i.e., until April 17, 2001), to enable any State or local government agency or other interested person to negotiate the acquisition of the line for public use. Decided: October 12, 2000 Service Date - October 17, 2000 ---------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33931] Massachusetts Central Railroad Corporation Acquisition and Operation Exemption New York Central Lines LLC and CSX Transportation, Inc. Massachusetts Central Railroad Corporation (MCER), a Class III railroad, has filed a notice to acquire from New York Central Lines LLC and CSX Transportation, Inc. (collectively CSX) and operate approximately 1.4 miles +/- of line from milepost QBR 0.205 to milepost QBR 1.605, in Palmer, MA. MCER states that it currently leases the line from CSX and operates it. The earliest the transaction could be consummated was October 6, 2000, the effective date of the exemption. Decided: October 10, 2000. Service Date - October 17, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD DECISION STB Docket No. AB-33 (Sub-No. 126X) UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, WI On November 5, 1998, a decision and notice of interim trail use or abandonment was served, authorizing a 180-day period for the City of Fort Atkinson to negotiate an interim trail use/rail banking agreement with the Union Pacific Railroad Company (UP) for the 2.0-mile line of railroad on the Clyman Branch from the end of the line at milepost 110.0 to milepost 112.0 near Fort Atkinson, in Jefferson County, WI. Extensions of the negotiating period were granted by decisions served April 30, 1999, October 21, 1999, and July 3, 2000. The latest extension is scheduled to expire on October 28, 2000. On October 10, 2000, Wisconsin Department of Transportation (WisDot), on behalf of the City, filed a request to extend the negotiating period for an additional 180 days. WisDot states that negotiations between the parties (the City and UP) are currently continuing in good faith. Also on October 10, 2000, UP advised that it is agreeable to an extension of the NITU negotiating period. It is ordered: 1. The request to extend the interim trail use negotiating period is granted. 2. The NITU negotiating period is extended until April 26, 2001. Decided: October 12, 2000 Service Date - October 18, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD ENVIRONMENTAL ASSESSMENT AB-303 (Sub-No.21x) The Wisconsin Central Ltd. Notice of Exemption in Marquette County, Michigan. The Wisconsin Central LTD. (WCL), has filed a notice in connection with the abandonment of its line of railroad between railroad milepost 162.84, and 154.0, a distance of 8.84-miles in Marquette County, MI. WCL states in its application that no local or overhead traffic has moved along the rail line proposed for abandonment for the last two years. The rail line was previously used for transporting iron ore commodities. WCL further notes that part the rail line proposed for abandonment passes through the city's commercial and residential areas, with numerous homes located to the south and commercial/small businesses located to the north. Other portions of the rail line traverse through a dense wooded area containing several wetlands bordering Lake Superior. The subject rail line connects with the Marquette Ore Dock Line, but does not overlap. In its application, WCL indicates that there are three (3) remediation sites located in the vicinity of the rail line; (1) the Marquette Roundhouse Site, (2) the Marquette tank Farm Site and, (3) the Superior Stop UST site. SEA determined that none of the three remediation sites will have an impact on, or be impacted by, the proposed abandonment. Mr. Newton Ellens, Environmental Protection Specialist, Office of Strategic Environmental Analysis with the U.S. EPA, Region-5, notified SEA about EPA's continuing environmental concerns regarding the WCL's proposed abandonment and subsequent salvage activity. After further consultation with Mr. Ellens, he requested that, prior to abandonment and salvage of the rail line, WCL prepare and submit to EPA for review and approval a detailed plan to mitigate the potential environmental impacts caused by salvage activity. SEA will recommend such a condition. We recommend the following environmental conditions be placed on any decision granting abandonment authority: 1. The U.S. Environmental Protection Agency (EPA) Region-5 has expressed continuing concern regarding the possible impacts the proposed abandonment and salvage activity may have on the project area. In response to EPA's concern, WCL shall, prior to abandonment and any salvage activities, prepare and submit to EPA for EPA's review and approval a detailed plan to address and/or mitigate the potential environmental impacts resulting from salvage of the right-of-way. WCL shall provide SEA with confirmation in writing that EPA's concerns have been addressed. 2. The Nation Geodetic Survey has identified fifteen (15) geodetic station markers that may affect the proposed abandonment. Therefore, SEA recommends that WCL notify NGS at least 90 days prior to any salvage activity so that plans may be made for their relocation. Service Date - October 20, 2000 ---------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-303 (Sub-No. 22X)] Wisconsin Central Ltd. Abandonment Exemption in Calumet and Brown Counties, WI On October 2, 2000, Wisconsin Central Ltd. (WCL) filed to abandon a line of railroad known as the Hilbert-Greenleaf Line, extending between milepost 170.4 at Hilbert and milepost 183 at Greenleaf, in Calumet and Brown Counties, WI, a distance of 12.6 miles. The line includes the station at Greenleaf (milepost 183). By issuing this notice, the Board is instituting an exemption proceeding. A final decision will be issued by January 19, 2001. Decided: October 12, 2000. Service Date - October 20, 2000 ---------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-414 (Sub-No. 3X)] Iowa Interstate Railroad, Ltd.--Abandonment Exemption--in Marion and Jasper Counties, IA Iowa Interstate Railroad, Ltd. (IAIS) has filed a notice to abandon a 13.36-mile line of railroad between milepost 123.50 near Otley and milepost 136.86 near Prairie City, in Marion and Jasper Counties, IA. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on November 21, 2000, unless stayed pending reconsideration. IAIS shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by IAIS's filing of a notice of consummation by October 20, 2001, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: October 13, 2000 Service Date - October 20, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD DECISION STB Docket No. AB-573X TRINIDAD RAILWAY, INC.--ABANDONMENT EXEMPTION--IN LAS ANIMAS COUNTY, CO Trinidad Railway, Inc. filed a notice for Trinidad to abandon and The Burlington Northern and Santa Fe Railway Company (BNSF) and Union Pacific Railroad Company (UP) to discontinue trackage rights over an approximately 30.0-mile line of railroad from milepost 2.0 at Jensen (west of Trinidad), to the end of the line at the former New Elk Mine at milepost 30.0 (east of Stonewall), in Las Animas County, CO. Notice of the exemption was served on September 21, 2000. By petition filed September 18, 2000, and amended September 26, 2000, the Rails to Trails Conservancy (RTC) filed a request for issuance of a notice of interim trail use (NITU) for the entire line under the National Trails System Act, in order to negotiate with Trinidad for acquisition of the right-of-way for use as a trail. By reply filed October 10, 2000, Trinidad indicated its willingness to negotiate with RTC for interim trail use. The Board's Section of Environmental Analysis (SEA) served an environmental assessment (EA) in this proceeding on September 26, 2000. In the EA, SEA indicated that the U.S. Army Corps of Engineers (Corps), the U.S. Environmental Protection Agency (EPA), the U.S. Department of Agriculture, Fish and Wildlife Service (USFW), the Colorado Department of Archaeology and Preservation (SHPO), the Colorado Department of Transportation (CO-DOT), and the Colorado Department of Environmental Quality (CO-DEQ) have not completed their evaluation of the potential impact of this project on water resources, environmental, endangered species, historical resources, highway/rail at-grade crossings, and air quality. Therefore, SEA recommended that conditions be imposed on any abandonment authorization requiring Trinidad to: (a) consult with the Corps prior to salvage of the right-of-way to determine if the proposed abandonment is consistent with applicable Federal, state and local water quality standards and to determine if permits are required under section 404 of the Clean Water Act; (b) consult with the EPA regarding the discharge of stormwater resulting from the disturbance of more than 5 acres, and consult with the EPA and secure all necessary permits prior to initiation of salvage or disposal activities; (c) consult with the USFW prior to initiation of salvage or disposal activities; (d) consult with the SHPO prior to salvage of the rail line to determine if the proposed abandonment is consistent with section 106 process of the National Historic Preservation Act; (e) consult with the CO-DOT prior to abandonment to determine the impact of salvage activities on existing highway/rail at-grade crossings; and (f) consult with the CO-DEQ prior to abandonment to secure all necessary permits prior to initiation of salvage or disposal activities. SEA also states that the U.S. Department of Commerce, National Geodetic Survey (NGS) has identified ten geodetic station markers that may be affected by the proposed abandonment. NGS requests that it be notified 90 days in advance of any activities that may disturb or destroy these markers. Therefore, SEA recommends that a condition be imposed requiring Trinidad to consult with the NGS and provide NGS with 90 days notice prior to disturbing or destroying any geodetic markers. Additionally, SEA has advised that the Professional Land Surveyors of Colorado, Inc., by letter received October 4, 2000, has expressed concern about the protection of the railway engineering and surveying records. Therefore, SEA recommends that Trinidad be required to: (a) file all right-of-way and tract maps, land schedules, and related railroad cadastral records with the Las Animas County Surveyor and/or Clerk and Recorder; and (b) file all records regarding structures, drainage, underground utility records, contracts, etc., with the Las Animas County Engineer or other similar repository for preservation of historical engineering data. The exemption was scheduled to become effective on October 21, 2000, but a formal expression of intent to file an offer of financial assistance (OFA) was timely filed by Rail Ventures, Inc. to purchase the entire line, which has the effect of staying the effective date of the exemption for 10 days until October 31, 2000. Rail Ventures simultaneously requested that Trinidad provide it with financial data and information. OFAs are due 30 days after publication of the notice of exemption in the Federal Register. On October 17, 2000, Rail Ventures filed a request to toll the 30-day period for submitting its OFA. Rail Ventures states that, in an oral conversation on October 13, 2000, and October 16, 2000, counsel for Trinidad advised Rail Ventures that the requested information was not available and would not be for an undetermined period of time. Rail Ventures states that Trinidad does not oppose the tolling request. RTC's request for interim trail use has been satisfied and, therefore, imposition of a NITU is appropriate, commencing with the effective date of the exemption. However, an OFA takes priority over a request for a NITU. Therefore, the issuance and effectiveness of the NITU will be delayed until the OFA process has been completed. If agreement is reached on the sale or subsidy of the line, trail use conditions would not be necessary or available. If no OFA is filed or if no agreement is reached on the OFA, the appropriate decision and notice of interim trail use or abandonment will be issued. It is ordered: 1. This proceeding is reopened. 2. Upon reconsideration, the exemption of the abandonment of the rail line described above is subject to the conditions that Trinidad: (a) consult with the Corps prior to salvage of the right-of- way to determine if the proposed abandonment is consistent with applicable Federal, state and local water quality standards and to determine if permits are required under section 404 of the Clean Water Act; (b) consult with the EPA regarding the discharge of stormwater resulting from the disturbance of more than 5 acres, and consult with the EPA and secure all necessary permits prior to initiation of salvage or disposal activities; (c) consult with the USFW prior to initiation of salvage or disposal activities; (d) consult with the SHPO prior to salvage of the rail line to determine if the proposed abandonment is consistent with section 106 process of the National Historic Preservation Act; (e) consult with the CO-DOT prior to abandonment to determine the impact of salvage activities on existing highway/rail at-grade crossings; (f) consult with the CO-DEQ prior to abandonment to secure all necessary permits prior to initiation of salvage or disposal activities; (g) consult with the NGS and provide NGS with 90 days notice prior to disturbing or destroying any geodetic markers; and (h) file all right-of-way and tract maps, land schedules, and related railroad cadastral records with the Las Animas County Surveyor and/or Clerk and Recorder and file all records regarding structures, drainage, underground utility records, contracts, etc., with the Las Animas County Engineer or other similar repository for preservation of historical engineering data. 3. The request for issuance of a notice of interim trail use is held in abeyance pending completion of the OFA process. 4. Trinidad is directed to provide Rail Ventures with the requested information to enable Rail Ventures to file an OFA. The deadline for Rail Ventures to file its OFA is extended to November 20, 2000. 5. If the OFA process terminates, a decision effective on its service date will be issued to provide a period for interim trail use negotiations. 6. The effective date of the exemption is postponed until November 30, 2000. Decided: October 19, 2000 Service Date - October 20, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD DECISION STB Finance Docket No. 33881 PORT OF BENTON--CHANGE IN OPERATOR EXEMPTION--TRI-CITY RAILROAD COMPANY, L.L.C. On May 31, 2000, Port of Benton (POB) filed a verified notice of exemption for a change of operator on approximately 17 miles of its rail line, known as the Hanford Site Rail System, Southern Connection, extending from milepost 46.6 at the junction with the Union Pacific Railroad Company rail line in Richland, WA, to milepost 28.3 at the border of the U.S. Department of Energy's Hanford Site, connecting with the Hanford Site Rail System, Northern Connection (north of the City of Richland). On June 13, 2000, Tri-City Railroad Company, L.L.C. filed a verified notice of exemption to lease and operate the above-described rail line from POB. Because the June 13 filing is essentially a substitute for the May 31 filing, POB, by letter filed October 4, 2000, requests that the notice of exemption it filed on May 31 be withdrawn. The request will be granted and the proceeding will be dismissed. It is ordered: 1. The request to withdraw the notice of exemption filed on May 31, 2000, is granted and the proceeding in STB Finance Docket No. 33881 is dismissed. Decided: October 17, 2000 Service Date - October 20, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD DECISION STB Docket No. AB-33 (Sub-No. 145X) UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN STANISLAUS COUNTY, CA Union Pacific Railroad Company (UP) filed a notice to abandon a 5.62-mile line of railroad over the Tidewater Subdivision from milepost 26.43 near McHenry to milepost 32.05 in Modesto, in Stanislaus County, CA. Notice of the exemption was served on April 14, 2000. On May 15, 2000, a decision and notice of interim trail use or abandonment (NITU) was served, that reopened the proceeding authorizing a 180-day period for the City of Modesto to negotiate an interim trail use/rail banking agreement with UP for a portion of the right-of-way between milepost +/- 26.43 (a point 30 feet north of the north line of the proposed Pelandale Expressway) and milepost +/- 30.63 (at Needham Street), a distance of 4.2 miles. The 180-day period under the NITU is scheduled to expire on November 12, 2000. On October 13, 2000, the City filed a request for a 180-day extension of the negotiation period until May 12, 2001. The City states that it has provided UP with a draft agreement outlining proposed terms and conditions for rail banking, and that the extension is necessary in order to allow adequate time for UP to complete its review of the draft and for the parties to complete a final agreement. By letter filed October 10, 2000, UP advised that it concurs with the extension request. It is ordered: 1. The negotiating period under the NITU is extended to May 12, 2001. Decided: October 18, 2000 Service Date - October 23, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD DECISION STB Docket No. AB-268 (Sub-No. 10X) PORTLAND TERMINAL COMPANY--ABANDONMENT EXEMPTION--IN CUMBERLAND COUNTY, ME The Portland Terminal Company (PT) filed a notice to abandon an approximately 2.049- mile line of railroad on the Union Branch between milepost 0.00 and milepost 2.049, in Portland, Cumberland County, ME. Notice of the exemption was served on August 28, 1997. The August 28 notice stated that, if consummation has not been effected by PT's filing of a notice of consummation by August 28, 1998, the authority to abandon would automatically expire. On September 28, 2000, PT and the State of Maine, Department of Transportation (MDOT), jointly filed a petition for waiver or, alternatively, for an extension of the 1-year time limit for PT to file its notice of consummation. PT did not file its notice of consummation by the August 28, 1998 due date and PT and MDOT are asking the Board to accept the notice now. On October 4, 2000, PT filed such a notice, which stated that PT had consummated the abandonment of the line, effective September 28, 2000. PT maintains that, between September 27, 1997, and August 28, 1998, it took affirmative steps to signify that it intended to remove the Union Branch from the interstate rail network, including salvaging track and ties, and discontinuing service over the line. PT states that it could not fully consummate the abandonment until after March 26, 1998, because of an outstanding public use condition, and that it failed to file the required notice after that date and before August 28, 1998, due to an administrative oversight. PT further states that it began negotiations with MDOT in the Spring of 2000, regarding conveyance of the line for possible institution of rail passenger service over a portion of the Union Branch and for the development of the remainder for use as a recreational park by the City of Portland. PT had evidently proposed that conveyance take place on September 29, 2000, until it discovered that the abandonment authority had been scheduled to expire on August 28, 1998, in the absence of PT's filing of its notice of abandonment consummation by that date. PT states that, because of its oversight, the conveyance of the right-of-way to MDOT could be delayed if PT must reapply for abandonment authority. MDOT and PT state that they are not aware of any parties, including potential shippers, who have an interest in this line and that neither is aware of any interest that would benefit from the requirement that PT refile for authority now. Under the circumstances, the alternative request for an extension of time for PT to file its notice of consummation will be granted. While PT's notice of consummation will therefore be accepted under the unique circumstances described in this decision, neither PT nor any other rail carrier should count on the Board's granting similar extension requests in the future or on the Board's accepting late-filed notices of consummation. It is ordered: 1. The request for an extension of the time to file is granted and PT's notice of consummation is accepted. Decided: October 24, 2000 Service Date - October 25, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD ENVIRONMENTAL ASSESSMENT AB-486 (SUB-NO.3X) THE KYLE RAILROAD COMPANY PETITION FOR EXEMPTION In MARSHALL, WASHINGTON AND CLOUD COUNTIES, KS. In this proceeding, the Kyle Railroad Company proposes to discontinue service and Union Pacific Railroad Company (UP) proposes to abandon. The Applicants have filed a petition in connection with the abandonment of service between Frankfort Branch, KS at milepost 409.1 and Ames, KS, at railroad milepost 472.0, of a total distance of 60.12 miles of railroad line in Marshall, Washington, and Cloud Counties, KS. The east-west rail line proposed for abandonment traverses through small rural towns in the north-eastern tier of Kansas, near the border with Nebraska. The line passes through mostly pasture and agriculture land while crossing the Blue River and other unnamed waterways. The Applicants state that there are thirty-one (31) bridges on the right-way, each more than 50 years old. According to the Applicants, currently, there are six shippers on the right-of-way. Alternative modes of transportation are available for the six remaining patrons via Kansas Highway 9 that is immediately adjacent to the right-of-way. Additionally, rail service is available on other rail lines that are a relatively short distance away. If the six patrons on the line elect to use the area highway network, the mean rail traffic of 1999 and 1998 indicates that 146 railcars will be diverted to approximately 817.6 additional trucks annually, or 3.4 trucks per day during a 240-day year. This additional truck traffic on the highway network (Kansas Highway 9) is not expected to be significant. The Kansas DH&E has expressed concern regarding abandonment and salvage of the rail line, contending that track abandonment is considered a water quality impacting action and may require a Kansas DH&E water quality certification. In addition, the Kansas DH&E advises that preparation of a Nonpoint Pollution Control Plan is needed to ensure abandonment and salvage of the rail line will not threaten Kansas water resources. The Kansas SHPO has indicated that the bridge at milepost 471.4 is eligible for inclusion in the National Register of Historic Places, pursuant to the National Historic Preservation Act. We recommend the following environmental conditions be placed on any decision granting abandonment authority: 1. The Kansas State Historic Preservation Officer (SHPO) has indicated that the bridge located at milepost 471.4 is eligible for listing in the National Register of Historic Places. Therefore, SEA recommends that a condition be placed on any decision granting abandonment authority requiring the Applicants to retain their interest in, and take no steps to alter the historic integrity of the bridge located at milepost 471.4 until completion of the Section 106 Process of the National Historic Preservation Act. 2. The Kansas Department of Health and Environment (DH&E) has indicated that the proposed abandonment and salvage of the 60.12-mile rail line is likely to threaten Kansas water resources, and may require a Kansas Department of Health and Environment water quality certification Therefore, we recommend that prior to abandonment and salvage of the 60.12-mile rail line, the Applicants further consult with Kansas DH&E to; (1) develop a Nonpoint Source Pollution Control Plan and, (2) determine if a Kansas Department of Health and Environment water quality certification is required. Service Date - October 25, 2000 ---------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 161X)] Union Pacific Railroad Company--Abandonment Exemption--in McLennan County, TX Union Pacific Railroad Company (UP) has filed to abandon 2,261 feet of railroad of the former Texas Central Railroad from Chainage Station 35+00 to Chainage Station 57+61 in Waco, McLennan County, TX. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on November 25, 2000, unless stayed pending reconsideration. UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned its line. If consummation has not been effected by UP's filing of a notice of consummation by October 26, 2001, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: October 18, 2000. Service Date - October 26, 2000 ---------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33948] Union Pacific Railroad Company--Trackage Rights Exemption--The Burlington Northern and Santa Fe Railway Company The Burlington Northern and Santa Fe Railway Company (BNSF) has agreed to grant overhead trackage rights to Union Pacific Railroad Company (UP) over BNSF's rail line between BNSF milepost 885.2 near Bakersfield, CA, and BNSF milepost 1120.54 near Stockton, CA, a distance of 235 miles. The transaction is scheduled to be consummated on October 20, 2000. The purpose of the trackage rights is to permit UP to use the BNSF trackage when UP's trackage is out of service for scheduled maintenance. Decided: October 19, 2000. Service Date - October 26, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD ENVIRONMENTAL ASSESSMENT AB-414 (Sub. No. 3X) Iowa Interstate Railroad, Ltd. Abandonment and Discontinuance in Marion and Jasper Counties, Iowa The Iowa Interstate Railroad, Ltd. (IAIS) filed a notice in connection with the abandonment and discontinuance of operations of a rail line located generally between Milepost 123.50 near Otley, and Milepost 136.86, near Prairie City, a distance of 13.36 miles in Marion and Jasper Counties, Iowa. According to IAIS, there has been no local traffic on the line for two years and it is unlikely that there will be any prospect for increased traffic. IAIS also states that it is possible that following abandonment portions of the line may be converted to a recreation trail. We recommend that no environmental conditions be placed on any decision granting abandonment authority. Service Date - October 27, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD ENVIRONMENTAL ASSESSMENT STB Docket No. AB-486 (Sub-No. 2X) Kyle Railroad Company--Discontinuance of Service Exemption--in Smith, Phillips and Norton Counties, KS In this proceeding Kyle Railroad Company and Union Pacific Railroad Company (UP) jointly filed a petition for Kyle to discontinue service over and UP to abandon a 70.5-mile segment of a line of railroad known as the Lenora Branch, extending from milepost 552.7 near Harlan to the end of the line at milepost 623.6 near Lenora, in Smith, Phillips, and Norton Counties, KS. Kyle and UP state that there are nine shippers on the line that generated 922 inbound and outbound revenue carloads of freight in 1999; 867 in 1998; and 883 in 1997. The line was built in 1879, 1880 and 1882 by the Atchison & Denver Railway Company, a predecessor of the Missouri Pacific Railroad Company. We recommend the following environmental condition be placed on any decision granting abandonment authority: The Department of the Army, Kansas City District Corps of Engineers has indicated that if the abandonment require excavation or the discharge of dredge fill material in any waters, including wetlands, a Department of the Army permit will be required. Therefore, we recommend that a condition be imposed requiring UP to consult with the Corps, Kansas City District prior to salvaging the right-of-way to determine if permits are required under the Clean Water Act. Service Date - October 27, 2000 ---------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33947] Wisconsin Great Northern Railroad, Inc. Operation Exemption State of Wisconsin and Washburn County Transit Commission Wisconsin Great Northern Railroad, Inc. (WGNR), a noncarrier, has filed to operate a 19.48-mile rail line in Washburn County, WI, owned by the State of Wisconsin and the Washburn County Transit Commission. The line extends between milepost 80.8, at or near Spooner, and milepost 96.0, at a point of connection with Wisconsin Central, Ltd (WC), at Hayward Junction, including approximately .8 miles of incidental trackage rights over WC's line between milepost 95.2 and milepost 96.0. The line is a continuous rail line consisting of two segments: (1) between milepost 80.8, at or near Spooner, and milepost 87.6, at or near Trego, a distance of 6.8 miles; and (2) between milepost 83.32, at or near Trego, and milepost 96.0, at Hayward Junction, a distance of 12.68 miles. WGNR currently provides rail passenger service over the line. The transaction is expected to be consummated no earlier than the October 20, 2000 effective date of the exemption. Decided: October 19, 2000. Service Date - October 27, 2000 ---------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33949] Albany & Eastern Railroad Company Acquisition and Operation Exemption Union Pacific Railroad Company Albany & Eastern Railroad Company (AERC), a Class III carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire by lease from Union Pacific Railroad Company (UP) and operate the Mill City Branch extending from milepost 689.64, at Page, and milepost 725.71, at Mill City, a distance of 48.57 miles in Marion and Linn Counties, OR (line). AERC will replace the Willamette Valley Railway Company (WVRY) as the lessee and operator of the line. WVRY was authorized to lease and operate the line in 1993. The line serves the intermediate stations of Lebanon, Crabtree, and Lyons, OR. The verified notice indicates that a milepost equation near Tallman, OR, 684.87=697.37, makes the line 12.50 miles longer than would appear from the terminal mileposts. The transaction is expected to be consummated on or after October 20, 2000. Decided: October 19, 2000. Service Date - October 27, 2000 ---------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 581X)] CSX Transportation, Inc. Abandonment Exemption in Fayette and Raleigh Counties, WV CSX Transportation, Inc. (CSXT) has filed to abandon a line of railroad between milepost CAX0.0, near Mill Creek Junction, and milepost CAX4.8, near Garden Ground, a distance of approximately 4.8 miles, in Fayette and Raleigh Counties, WV. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on November 29, 2000, unless stayed pending reconsideration. CSXT shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by CSXT's filing of a notice of consummation by October 30, 2001, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: October 19, 2000. Service Date - October 30, 2000 ---------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-183 (Sub-No. 3X)] Union Railroad Company--Abandonment Exemption--in Allegheny County, PA Union Railroad Company (URR) has filed a notice to abandon and discontinue service over its line of railroad known as the Rankin Branch extending from point of switch Survey Station 158+50 of Turnout MU-18, and extending from that point over and across the Rankin Hot Metal Bridge to a rail connection with the Railroad's so-called Wildcat Track at Survey Station 48+35 in the Borough of Rankin, Allegheny County, PA, a distance of 0.89 miles. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on November 29, 2000, unless stayed pending reconsideration. URR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by URR's filing of a notice of consummation by October 30, 2001, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: October 19, 2000. Service Date - October 30, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD DECISION STB Docket No. AB-33 (Sub-No. 148X) UNION PACIFIC RAILROAD COMPANY ABANDONMENT EXEMPTION IN COOS COUNTY, OR STB Docket No. AB-515 (Sub-No. 1X) CENTRAL OREGON & PACIFIC RAILROAD, INC. DISCONTINUANCE EXEMPTION IN COOS COUNTY, OR By petition filed on July 12, 2000, Union Pacific Railroad Company (UP) and Central Oregon & Pacific Railroad, Inc. (CORP) jointly seek for UP to abandon, and for CORP to discontinue service over, a 1-mile line of railroad in Coos County, OR. Notice of the petition was served on August 1, 2000. The Line extends from milepost 785.50 to milepost 786.50 in Coquille, OR. UP owns the Line and leases it to CORP. CORP originally leased the Line from Southern Pacific Transportation Company (SP) on December 31, 1994. The Line became a line of the UP on February 1, 1998, when SP was merged into UP. Ron's Oil Company and Western Helicopter Services, Inc., the two shippers on the Line, filed letter comments in opposition to the abandonment and discontinuance. CORP replied. The City of Coquille filed a letter comment in support of the abandonment, as did several area residents and the Coquille Chamber of Commerce. UP and CORP claim that abandonment and discontinuance of service over the Line will not adversely affect the two shippers. We will grant the exemption, subject to environmental and standard employee protective conditions. Recent service over the Line has consisted of inbound shipments of propane to Ron's Oil and fertilizer (urea) to Western Helicopter. The Line is stub-ended, so no overhead traffic moves over it. In August 1998, a fire damaged a rail bridge located midway on the Line at Milepost 785.96, severing service to the east end of the Line, where Ron's Oil is located. Since the fire, Ron's Oil has received its propane shipments via truck. Western Helicopter is located on the west side of the rail bridge and continues to receive rail service. CORP argues that, even if it were to repair the bridge, the low volume of traffic does not justify the operating and maintenance expense necessary to continue to provide service to the two shippers. CORP states that it has offered both shippers the use of other nearby locations where their rail shipments can be transloaded. In addition, CORP notes that truck service is available. Therefore, CORP argues, shippers will be unaffected by the proposed abandonment and discontinuance. CORP states that because of low traffic levels it has performed only the minimal level of maintenance essential to keep the Line in operation. If operations on the Line are to continue, CORP claims that it would need to substantially increase maintenance to maintain it at FRA Class 1 safety standards. In addition, in order to re-institute and maintain service to the end of the Line, CORP would need to repair the fire-damaged bridge at an estimated cost of $54,240. Given the low volume of traffic that previously moved to the end of the Line, CORP contends that it cannot economically justify repairing the bridge even though operations on the Line were marginally profitable prior to 1998. CORP acknowledges that service to Western Helicopter is unaffected by the damage to the bridge. However, by discontinuing service to Western Helicopter CORP claims it will be able to avoid the significant cost of maintaining a signalized crossing as well as the other costs associated with maintaining and operating the western portion of the Line. With the loss of the traffic moving to the end of the Line, CORP maintains that it is more economical to arrange for the transloading of Western Helicopter's traffic at other nearby rail sidings. Ron's Oil, by letter protest filed October 4, 2000, states that it received approximately 35 carloads of propane a year in the past and that it is in the process of re-orienting its method of transportation to switch from truck to rail car. Ron's Oil claims it has been attempting to move more propane by rail, which would benefit the community by removing the need to transport the gas by truck, and anticipates that it could increase its rail traffic to 50 carloads next year. This shipper claims that it is the victim of the railroad's business decision not to repair the damaged bridge and restore service to the end of the Line. Ron's Oil states that it has made an offer and is ready, willing, and able to contribute to the $54,000 restoration of the burned bridge. Western Helicopter, by letter protest filed September 6, 2000, states that it does custom fertilizer application work for a number of industrial land owners and government agencies in Coos County, where it has been doing business since 1975. Its fertilizer material is shipped to Coquille in 100-ton covered hopper cars during the winter season, usually in late January and February. Western Helicopter claims that during the last winter season it received approximately 12 cars over the Line and that in 1999 it received approximately 20 cars. The shipper states that this rail activity has occurred at Coquille on a seasonal basis for approximately ten years and that it expects to take delivery of 10 - 20 cars annually in the future. Western Helicopter maintains that if the track is abandoned, as proposed, from State Hwy. 42S at Sturdivant Park in Coquille to the east, it would no longer be able to use rail service because the remaining rail infrastructure at Sturdivant Park would not be adequate for handling rail cars and transferring loads. The shipper claims that no other sidings exist at Coquille for the rail shipment of its fertilizer materials and, consequently, that it would have to receive future shipments via truck service, at greater cost and with less efficiency. CORP replies that, even if Ron's Oil were to increase the level of its rail traffic to 50 carloads a year, operations on the Line would still be extremely unprofitable given the deferred maintenance on the Line and the significant cost of repairing the fire-damaged bridge. CORP notes that the cost of repairing the bridge alone is $54,240, which is more than five times the gross revenues CORP received from the 23 carloads shipped by Ron's Oil in 1997. CORP also explains that maintenance on the Line had been deferred because of the low volume of traffic moving over it. Maintenance would need to be increased significantly, CORP claims, if operations were to continue on the Line. CORP argues that at 50 carloads a year the traffic from Ron's Oil would generate about $22,800 in gross revenues for CORP, or only about half the cost of repairing the bridge alone. At its historic average of 22 carloads a year, the traffic from Ron's Oil would generate about $10,032 in gross revenues, or less than one-fifth of the bridge repair costs. CORP states that its operating ratio is currently 69%. Consequently, based on its system-wide average costs, CORP's net annual operating income from serving Ron's Oil, absent the bridge repair costs, would be $7,068 at the 50 carloads per year level and $3,110 at the historic shipping level. Taking into account the bridge repair costs, on a system-wide average cost basis, CORP claims it would incur a first year operating loss of $47,172 at the 50 carloads level and an operating loss of $51,130 at the historic level. Finally, CORP states that, although Ron's Oil claims that it has made an offer to contribute to the restoration of the bridge, CORP is unaware of any such offer being made to anyone at the railroad. CORP indicates that it is more than willing to work with Ron's Oil to find a suitable location where the transload operations can be performed in a more efficient and cost-effective manner. Since the filing of this petition, CORP states that it has discovered a large sinkhole on the right-of-way just north of the Line that would need to be repaired before any operations to the Line can be resumed. Preliminary estimates of repairing the sinkhole are at least $80,000. Consequently, in order to reinstitute service to Ron's Oil at the end of the Line, CORP claims it would need to make repairs of at least $134,240 on the bridge and the sinkhole. CORP argues that Western Helicopter's transloading operations will be unaffected by the abandonment of the Line. CORP has offered to make available to Western Helicopter a yard track in Coos Bay, some 17 miles from Coquille, to transload the fertilizer traffic. Depending on the particular helicopter loading site utilized by Western Helicopter, the alternative site will, CORP claims, at most require Western Helicopter's trucks to traverse this additional 17 miles, and in some instances may actually be closer to the helicopter loading site. By letter dated July 24, 2000, the City of Coquille urges the Board to grant the abandonment and discontinuance of the Line. The City states that abandonment of this mile of track is crucial for its economic survival because the railroad right-of-way is necessary for the redevelopment of adjacent land formerly used by a Georgia Pacific lumber mill. The City claims that it has worked with various state and federal agencies in preparing the land for reuse, and that it has secured funds to create a tie-in from the existing downtown commercial area into the former mill site. The City asks that the Board act expeditiously in granting the abandonment and discontinuance. The Line is stub-ended, thus there is no overhead traffic, and there has been very limited traffic originating on the Line. The urea traffic which is now being transloaded on the Line can be shifted to a nearby yard in Coos Bay for transloading and will not be seriously affected by the proposed abandonment. The propane traffic that formerly was transported by rail to the end of the Line has shifted to trucks. Furthermore, even before damage occurred to the rail bridge in August 1998, this propane traffic was on the decline. Although Ron's Oil indicates that it wants to move its shipments from truck back to rail and anticipates additional traffic, there is nothing to substantiate this claim. The area surrounding the Line has an adequate network of roadways and federal and state highways capable of handling truck traffic for the limited shipments that were or are being carried on the Line. The abandonment and discontinuance exemption will allow the City of Coquille to pursue its efforts in developing a commercial shopping center which the City considers crucial to its economic survival. Protestants do not dispute the fact that operations over the Line would be unprofitable if CORP were required to repair the bridge. CORP has expressed its willingness to work with the involved shippers to facilitate any transportation problems they encounter, and has adequately addressed the concerns they have raised. Reasonable alternatives to continued rail service over the Line exist. All current traffic could continue to be transloaded from nearby rail lines without significant documented increases in cost to rail patrons. SEA served an environmental assessment (EA) on September 6, 2000. In it, SEA recommended that, prior to salvage of the right-of-way, applicants consult with: (1) the Oregon Department of Environmental Quality (Oregon DEQ) and the U.S. Army Corps of Engineers with regard to the possible discharge into U.S. water from salvage operations that would require Federal and/or state permits, and (2) the U.S. Fish and Wildlife Service (US FWS) and the Oregon Department of Fish and Wildlife (Oregon DFW), who expressed concern that improper salvage of the right-of-way may negatively impact Coho salmon, a Federally listed endangered species. The EA also noted that the right-of-way may be suitable for other public use following abandonment and salvage of the rail line. Subsequent to the issuance of its EA, SEA recommends that a new condition be imposed based upon comments received from the Oregon Parks and Recreation Department, State Historic Preservation Office (SHPO), regarding the dismantling of the rail line between Milepost 785.50 and Milepost 786.50. The SHPO states that this 1-mile rail line may represent a section of right-of-way of the former Southern Pacific Railroad which was instrumental in the development of the City of Coquille. Depending on the date this particular alignment was constructed through Coquille, the rail line is potentially eligible for inclusion in the National Register of Historic Places. Therefore, SEA recommends that a condition be imposed which requires UP to retain its interest in and take no steps to alter the historic integrity of the Line until completion of the section 106 process of the National Historic Preservation Act. We will impose the conditions recommended by SEA. It is ordered: 1. Under 49 U.S.C. 10502, we exempt from the prior approval requirements of 49 U.S.C. 10903 the abandonment by UP of, and the discontinuance of service by CORP over, the above- described line, subject to the employee protective conditions set forth in Oregon Short Line R. Co. Abandonment Goshen, 360 I.C.C. 91 (1979), and subject to the conditions: (1) that applicants, prior to any salvage activities, consult with the Oregon DEQ, the U.S. Army Corps of Engineers, the US FWS, and the Oregon DFW; and (2) that UP retain its interest in and take no steps to alter the historic integrity of the rail line located between milepost 785.50, and milepost 786.50, until completion of the section 106 process of the National Historic Preservation Act. 2. The carriers are directed to serve a copy of this decision on the shippers on the Line within 5 days after the service date of this decision and to certify to the Board that they have done so. 3. An offer of financial assistance (OFA) to allow rail service to continue must be received by the carriers and the Board by November 9, 2000. 4. Provided no OFA has been received, this exemption will be effective on November 29, 2000. Petitions to stay must be filed by November 14, 2000, and petitions to reopen must be filed by November 24, 2000. 5. UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by UP's filing of a notice of consummation by October 30, 2001, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: October 27, 2000 Service Date - Late Release October 30, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD ENVIRONMENTAL ASSESSMENT DOCKET NO. AB-33 (Sub. No. 161X) Union Pacific Railroad Company - Abandonment Exemption - In McLennan County, Texas The Union Pacific Railroad Company (UP) has filed a notice in connection with the abandonment and of the former Texas Central Railroad from Chainage Station 35+00 to Chainage Station 57+61, a distance of 2,261 feet in Waco, McLennan County, Texas. According to UP, there has been no local traffic on the line for two years and UP states that it is unlikely that there will be any prospect for increased traffic. UP describes the area surrounding the line as an older residential/light industrial neighborhood. We recommend that no environmental conditions be placed on any decision granting abandonment authority. Service Date - October 31, 2000 ---------------------------------------------------------------- SURFACE TRANSPORTATION BOARD STB Finance Docket No. 33388 Decision No. 173 CSX CORPORATION AND CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY CONTROL AND OPERATING LEASES/AGREEMENTS CONRAIL INC. AND CONSOLIDATED RAIL CORPORATION In Decision No. 89, served July 23, 1998, we approved, subject to certain conditions, including environmental mitigation conditions, the acquisition of control of Conrail Inc., and Consolidated Rail Corporation and the division of Conrail's assets by CSX Corporation and CSX Transportation, Inc., and Norfolk Southern Corporation and Norfolk Southern Railway Company. CSX and NS are referred to as applicants. On April 9, 1998, NS provided us with a copy of a Memorandum of Understanding (MOU) between NS and the City of Erie, PA, which described the agreements reached between the City of Erie and NS with regard to the Conrail transaction and the Erie Relocation Project. Accordingly, we included a requirement that NS comply with the terms of that Negotiated Agreement in Environmental Condition No. 51 of Decision No. 89. On October 4, 2000, however, NS submitted a letter agreement dated June 9, 2000 between NS and the City of Erie, modifying some of the terms of the parties original agreement. Therefore, NS requests that the Board include the 2000 Amendment to the April 9, 1998 MOU in Environmental Condition No. 51 of Decision No. 89. The City of Erie concurs with the request. In view of the 2000 Amendment agreed to by NS and the City of Erie modifying the MOU, we add a reference to the 2000 Amendment in Condition No. 51 of Decision No. 89. It is ordered: 1. This proceeding is reopened. 2. In accordance with the Negotiated Agreement between NS and the City of Erie, PA, dated June 9, 2000, amending the MOU, the following is added to the NS Subsection of Environmental Condition No. 51 of Decision No. 89: 19. City of Erie, Pennsylvania, Negotiated Agreement dated June 9, 2000, amending the April 9, 1998 Memorandum of Understanding. Decided: October 27, 2000 Service Date - October 31, 2000 ============================================================ Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ============================================================