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Home My WebLink About20080800 BALL JANIK LLP ATTORNEYS 1455 F STREET, NW, SUITE 225 WASHINGTON, D.C. 20005 www.balljanik.com TELEPHONE 202-638-3307 KARL MORELL FACSIMILE 202-783-6947 kmorell@dc.bjllp.com February 21, 2008 Weld County Commissioners P.O. Box 758 Greeley, CO 80632 RE: Docket No. AB-857 (Sub-No. 1), Great Western Railway of Colorado, LLC --Abandonment Exemption—In Weld County, CO Dear Sir/Madam: On or shortly after March 12, 2008, Great Western Railway of Colorado, LLC ("GWRC") will be filing with the Surface Transportation Board ("STB") a Notice of Exemption seeking authority to abandon the 6.2-mile rail line located between milepost 0.0, at Johnstown, and milepost 6.2, at Welty, in Weld County, Colorado (the "Line"). Attached are an Environmental Report and Historic Report describing the proposed action and any expected environmental and historic effects, as well as a map of the affected area. We are providing these reports so that you may review the information that will form the basis for the STB's independent environmental and historic analyses of this proceeding. If any of the information is misleading or incorrect, if you believe that pertinent information is missing, or if you have any questions about the STB's environmental review process, please contact the Section of Environmental Analysis (SEA), Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001, Telephone (202) 245-0295, and refer to the above Docket No. AB-857 (Sub-No. 1). Because the applicable statutes and regulations impose stringent deadlines for processing this action, your written comments to SEA (with a copy to the undersigned) would be appreciated within 3 weeks. ,.1 7,ittec, ((( )1" Ci/) ,i-"L 2008-0800 PORTLAND, OREGON WASHINGTON, D.C. BEND, OREGON ( ✓ ,4041 TY BALL JANIK LLP February 21, 2008 Page 2 Your comments will be considered by the STB in evaluating the environmental and/or historic preservation impacts of the contemplated action. If there are any questions concerning this proposal, please contact the undersigned by telephone at (202) 638-3307 or by mail at Ball Janik LLP, 1455 F Street,N.W., Suite 225, Washington, DC 20005. Sincerely, ....rea172,441/ Karl Morell Attorney for Great Western Railway of Colorado, LLC Enclosures EXHIBIT D ENVIRONMENTAL REPORT (49 C.F.R. SECTION 1105.7) DOCKET NO. AB-857 (SUB-NO. 1X) GREAT WESTERN RAILWAY OF COLORADO, LLC - ABANDONMENT EXEMPTION - WELD COUNTY, COLORADO 1. Proposed Actions and Alternatives. Describe the proposed action, including commodities transported, the planned disposition (if any) of any rail line and other structures that may be involved, and any possible changes in the current operations or maintenance practices. Also describe any reasonable alternatives to the proposed action. Include a readable, detailed map and drawings clearly delineating the project. Great Western Railway of Colorado, LLC ("GWRC") proposes to abandon its Welty Branch located between milepost 0.0 at Johnstown, Colorado and milepost 6.2, at Welty, in Weld County Colorado, totaling approximately 6.2 miles (the "Line"). Upon receipt of abandonment authority, GWRC intends to remove the rail, track materials, and cross ties. During the removal of the track and track materials, GWRC does not anticipate the use of any access roads, the need to conduct dredging, or the use of fill. Only existing public and private access roads and the GWRC right-of-way should be needed to facilitate the salvage operations. In addition, there are no plans of disturbing the underlying roadbed. There are no bridges to be removed and no surrounding waterways. The Line has not been used for local traffic in over 20 years and no maintenance has been performed on any portion of the Line. The Line is stub-ended and not capable of handling overhead traffic. Therefore, the proposed abandonment will not change rail freight operations or maintenance practices on this Line. The only alternative to abandonment would be to not abandon the Line and pass the opportunity costs of retaining the Line to all other GWRC customers. Obviously, this would not be a prudent use of GWRC's resources. . The Line is in extremely poor condition. A map of the proposed abandonment is attached as Exhibit 1. 2. Transportation System. Describe the effects of the proposed action on regional or local transportation systems and patterns. Estimate the amount of • ti traffic (passenger and freight) that will be diverted to other transportation systems or modes as a result of the proposed action. No passenger or freight traffic will be diverted to other modes as a result of the proposed abandonment. No local traffic has moved over the Line in over 20 years and the Line is not capable of handling overhead traffic. Therefore, the proposed abandonment will have no adverse effects on local or regional transportation systems or patterns. 3. Land Use. (i) Based on consultation with local and/or regional planning agencies and/or a review of the official planning documents prepared by such agencies, state whether the proposed action is consistent with existing land use plans. Describe any inconsistencies. (ii) Based on the consultation with the U.S. Soil Conservation Service, state the effect of the proposed action on any prime agricultural land. (iii) If the action affects land or water uses within a designated coastal zone, include the coastal zone information required by §1105.9. (iv) If the proposed action is an abandonment, state whether or not the right-of-way is suitable for alternative public use under 49 U.S.C. 10905 § and explain why. (i) GWRC is confident that the proposed abandonment will be consistent with local land use plans. GWRC contacted the local government of Weld County. See Exhibit 2. To date, no response to this inquiry has been received. A copy of this Report is being supplied to the Weld County Commissioners for their information and comment. (ii) GWRC contacted the Natural Resource and Conservation Service ("NRCS") and requested assistance in identifying any potential effects on prime agricultural land. See Exhibit 3. In its response, NRCS noted that the "potential impact on prime agricultural land will be none." See Exhibit 3. (iii) The Line does not pass through a designated coastal zone. (iv) The right-of-way involved does not appear to be suitable for alternative public use other than as a recreational trail since it is located, for the most part, in a rural, sparsely populated area. No State or local entity has expressed an interest in the right-of- way. 4. Energy. (i) Describe the effect of the proposed action on transportation of energy resources. (ii) Describe the effect of the proposed action on recyclable commodities. (iii) State whether the proposed action will result in an increase or decrease in overall energy efficiency and explain why. (iv) If the proposed action will cause diversions from rail to motor carriage of more than: (A) 1,000 rail carloads a year; or (B) an average of 50 rail carloads per mile per year for any part of the affected line, quantify the resulting net change in energy consumption and show data and methodology used to arrive at the figure given. • (i) The proposed abandonment will have no effect on the transportation of energy resources. (ii) The proposed abandonment will have no effect on the transportation of recyclable commodities. (iii) The proposed abandonment will have no adverse effect on overall energy efficiency since no local traffic has moved over the Line in over 20 years and the Line is not capable of handling overhead traffic. Any traffic that previously moved over the Line has long ago been transferred either to other modes or other routings. (iv) The proposed abandonment will not cause the diversion of any rail traffic to motor carriage since no local traffic has been handled over the Line in many years and the Line is not capable of handling overhead traffic. 5. Air. (i) If the proposed action will result in either: (A) An increase in rail traffic of at least 100 percent (measured in gross ton miles annually) or an increase of at least eight trains a day on any segment of rail line affected by the proposal, or (B) An increase in rail yard activity of at least 100 percent (measured by carload activity), or (C) An average increase in truck traffic of more than 10 percent of the average daily traffic or 50 vehicles a day on any affected road segment, quantify the anticipated effect on air emissions. For a proposal under 49 U.S.C. § 10901 (or 10502) to construct a new line or reinstitute service over a previously abandoned line, only the eight train a day provision in subsection (5)(i)(A) will apply. (ii) If the proposed action affects a class I or non-attainment area under the Clean Air Act, and will result in either: (A) An increase in rail traffic of at least 50 percent (measured in gross ton miles annually) or an increase of at least three trains a day on any segment of rail line, (B) An increase in rail yard activity of at least 20 percent (measured by carload activity), or (C) An average increase in truck traffic of more than 10 percent of the average daily traffic or 50 vehicles a day on a given road segment, then state whether any expected increased emissions are within the parameters established by the State Implementation Plan. However, for a rail construction under 49 U.S.C. § 10901 (or 49 U.S.C. § 10505), or a case involving the reinstitution of service over a previously abandoned line, only the three train a day threshold in this item shall apply. (iii) If transportation of ozone depleting materials (such as nitrogen oxide and freon) is contemplated, identify: the materials and quantity; the frequency of service; safety practices (including any speed restrictions); the applicant's safety record (to the extent available) on derailments, accidents and spills; contingency plans to deal with accidental spills; and the likelihood of an accidental release of ozone depleting materials in the event of a collision or derailment. (i) The proposed abandonment will not result in meeting or exceeding these thresholds. • 3 (ii) The proposed abandonment will not result in meeting or exceeding these thresholds. • (iii) The proposed abandonment will not affect the transportation of ozone depleting materials. 6. Noise. If any of the thresholds identified in item 5(i) of this section are surpassed, state whether the proposed action will cause: (i) an incremental increase in noise levels of three decibels Ldn or more; or (ii) An increase to a noise level of 65 decibels Ldn or greater. If so, identify sensitive receptors (e.g., schools, libraries, hospitals, residences, retirement communities, and nursing homes) in the project area, and quantify the noise increase for these receptors if the thresholds are surpassed. Not applicable. 7. Safety. (i) Describe any effects of the proposed action on public health and safety (including vehicle delay time at railroad grade crossings). (ii) If hazardous materials are expected to be transported, identify: the materials and quantity; the frequency of service; whether chemicals are being transported that, if mixed, could react to form more hazardous compounds; safety practices (including speed restrictions); the applicant's safety record (to the extent available) on derailments, accidents and hazardous spills; the contingency plans to deal with accidental spills; and the likelihood of an accidental release of hazardous materials. (iii) If there are any known hazardous waste sites or sites where there have been known hazardous materials spills on the right-of-way, identify the location of those sites and the types of hazardous materials involved. (i) The proposed abandonment will have no detrimental effects on public health and safety. (ii) The proposed abandonment will have no effect on the transportation of hazardous materials. (iii) GWRC is unaware of any hazardous waste sites or sites where hazardous spills have occurred on or along the right-of-way. 8. Biological Resources. (i) Based on consultations with the U.S. Fish and Wildlife Service, state whether the proposed action is likely to adversely affect endangered or threatened species or areas designated as critical habitat, and if so, describe the effects. (ii) State whether wildlife sanctuaries or refuges, National or State parks or forests will be affected, and describe any effects. (i) GWRC notified the U.S. Fish and Wildlife Service ("FWS") of the proposed abandonment and requested assistance in determining whether endangered or threatened species or areas designated as a critical habitat are likely to be adversely 4 affected. See Exhibit 4. According to FWS, there is no designated critical habitat in Weld County. FWS also supplied GWRC a list of endangered and threatened species in Weld County but was unable to provide site-specific information. See Exhibit 4. To the best of GWRC's knowledge, none of the identified species can be found directly on the right-of-way and given the nature of the planned salvage operation, it is very unlikely that any endangered or threatened species will be harmed. If, however, any of the endangered or threatened species is encountered during salvage operations, GWRC will consult further with FWS. A copy of this Report is being supplied to FWS for its information and further comment. (ii) There are no wildlife sanctuaries or refuges, National or State parks or forests along the Line that would be adversely affected by the proposed abandonment. Nevertheless, GWRC contacted the National Park Service ("NPS") of the proposed abandonment and requested assistance in identifying any potential effects on wildlife sanctuaries or refuges, National or State parks or forests. See Exhibit 5. NPS had no comments. See Exhibit 5. A copy of this Report is being supplied to NPS for its information and comment. 9. Water. (i) Based on consultation with the State water quality officials, state whether the proposed action is consistent with applicable Federal, State or local water quality standards. Describe any inconsistencies. (ii) Based on consultation with the Army Corps of Engineers, state whether permits under section 404 of the Clean Water Act (33 U.S.C. § 1344) are required for the proposed action and whether any designated wetlands or 100-year flood plains will be affected. Describe the effects. (iii) State whether permits under section 402 of the Clean Water Act (33 U.S.C. § 1342) are required for the proposed action. (i) GWRC is confident the proposed abandonment will not be inconsistent with applicable water quality standards. The Line does not cross any bodies of water and the salvage operations will have no impact on water quality in the area. Nevertheless, GWRC contacted the Colorado Department of Public Health and Environment ("CDPHE") and the U.S. Environmental Protection Agency ("EPA") concerning this matter requesting assistance in determining whether the proposed abandonment is consistent with applicable Federal, State, or local water quality standards. See Exhibit 6. To date, no responses have been received. A copy of this Report is being supplied to CDPHE and EPA for their information and comment. (ii) GWRC contacted the Corps of Engineers ("Corps") concerning these matters. See Exhibit 7. According to the Corps, the Line is not located in a designated floodplain. The Corps noted that the "only potentially jurisdiction waters of the United States near the line are the Hillsboro Ditch and a small ephemeral tributary that flows to the ditch." See Exhibit 7. The Hillsboro Ditch is located to the southeast of Johnstown whereas the Line extends from Johnstown to the west. At its closest location, the Line is approximately one mile from the Hillsboro Ditch. Consequently, GWRC believes the proposed abandonment will not require the issuance of any permits under Section 404 of 5 the Clean Water Act. A copy of this Report is being supplied to the Corps for its information and further comment. (iii) GWRC believes the proposed abandonment will not require the issuance of any permit under Section 402 of the Clean Water Act. GWRC contacted the EPA concerning this matter and requested assistance in identifying any potential effects on applicable water quality standards and determining whether the proposed abandonment is consistent with applicable Federal, State, or local water quality standards. See Exhibit 6. To date, no response to this inquiry has been received. A copy of this Report is being supplied to the EPA for its information and comment. 10. Proposed Mitigation. Describe any actions that are proposed to mitigate adverse environmental impacts, indicating why the proposed mitigation is appropriate. GWRC does not anticipate any adverse environmental impact from the proposed abandonment and, therefore, sees no need for any mitigating actions. GWRC will, of course, adhere to any remedial actions suggested by the recipients of this Report and required by the Board. • • s • !• ,-...t•."Collins. .: :,:l. - �'` ".. .aiOcJc.:#FOifty. r 4 :r O�F a t _ . f j ' & c4 Lord ••`i.. •Loveland �! + j.. F4Sarbn°ell Elm its • . S B.lFtAarud • \dt a+ 4.� . •....... • • - 1 [[[ t '. LEGEND ...... • Nyciena : 'Thevre4r'Nc" rr Ry. p e --cu�.,.ocun: F..�_. rs_awc..i•..•.aa...•Aw.ffito,.Oar :t. 7-.i}TlTT3oTlt'• 2 . t• i• :: 40),0 . •-• .. .•.....-•. . .. .. . . ... . :..... " . •," ••• - • • • • •• ••••• - — 1 ' ' Yft r • .... * i r • • ' • q . •. F t EXHIBIT 1 EXHIBIT 2 BALL JANIK 1-LP ATTORNEYS 1455 F STREET.NW,Sum 225 WASHINGTON.D.C 20005 www.balljanik.com Tn EPHONE 202-638-3307 FACSUNu:2 02-7 83 694 7 KARI.MORFLL kmorell@bjllp.com Or COUNSIJ. September 21, 2007 Weld County Commissioners P.O. Box 758 Greeley, CO 80632 RE: Docket No. AB-857 (Sub-No. 1), Great Western Railway of Colorado, LLC —Abandonment Exemption In Weld County, CO Dear Sir/Madam: Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of Exemption with the Surface Transportation Board ("STB"), on or about November 15, 2007, for GWRC to abandon its 6.2-mile line of railroad located between milepost 0.0, at Johnstown, and milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is attached. Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, we are advising you of this proposed action so that you may assist us in identifying any potential effects on existing land use plans. We must determine whether the proposed abandonment is inconsistent with existing land use plans. We would appreciate your review of the proposed abandonment and any comments you may wish to offer. We would also appreciate you providing us with a written response so that we can forward it to the STB. PORTLAND_OREGON WASIRNGTON_D_C BOND OREGON BALL JANIK r.t.P September 21, 2007 Page 2 Thank you in advance for your prompt assistance. If you have any questions concerning this matter, please contact me. Sincerely Karl Morell Attorney for: Great Western Railway of Colorado, LLC EXHIBIT 3 BALL JANIK LLP ATTORNEYS 1455 F STREET.NW,SLATE 225 WASHNOTON,D . 20005 www.balljanik.com TELEPHONE 202-638-3307 FACSIMILE 202-783-6947 KARL MORELL ' . rm OF COUNSEL September 21, 2007 State Conservationist USDA Natural Resource Conservation Service 655 Parfet Street Room E-200C Lakewood, CO 80215-8000 RE: Docket No. AB-857 (Sub-No. 1), Great Western Railway of Colorado, LLC --Abandonment Exemption—In Weld County, CO Dear Sir/Madam: Great Western Railway of Colorado, LLC ("GWRC") is planning to file a No'?c Exemption with the Surface Transportation Board ("STB"), on or about November _ • GWRC to abandon its 6.2-mile line of railroad located between milepost 0.0, at kb..., milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandoi:mar r: attached. Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, w,. .1 you of this proposed action so that you may assist us in identifying any potential of ccu r 'r , L agricultural land. We would appreciate your review of the proposed abandonment and any con-olio-1i: '•si, may wish to offer. We would also appreciate you providing us with a written response s,. can forward it to the STB. FOR L ND_OREGON WASHINGTON 0.C. REND.OREGON BALL .JANIK L�_F September 21, 2007 Page 2 Thank you in advance for your prompt assistance. If you have any questions concerning this matter, please contact me. Sincerely Karl Morell Attorney for: Great Western Railway of Colorado, LLC United States Department of Agriculture 4 NRCS Natural Resources Conservation Service 655 Parfet Street,Room E200C Lakewood,Colorado 80215 N0V 16 2007 Mr. Karl Morell Ball Janik LLP 1455 F Street NW, Suite 225 Washington, DC 20005 Re: Docket No. AB-857 (Sub-No. 1), Great Western Railway of Colorado, LLC Abandonment Exemption—In Weld County, CO Dear Mr. Morell: This is in response to your letter dated September 21, 2007, on the proposed abandonment in Weld County. Based on the limited information received in regards to the location of this proposal, we can only surmise that the potential impact on prime agricultural land will be none. Abandonment of the existing railroad corridor will not, of and by itself, have any impact on adjoining agricultural lands. If you have any questions or concerns, please, call Gary Finstad, Resource Conservationist, at (720)544-2820. Sincerely, ALLEN GREEN State Conservationist Helping People Help the Land An Equal Opportunity Employer and Provider EXHIBIT 4 BALL JANIK LLP ATTORNEYS 1455 F STREET,NW,SunE 225 WASHINGTON.D.C.20005 wwwballjanilcom TELEPHONE 202-638-3307 FACSIMILE 202-783-6947 KARL MORELI. krnorell@bjllp com OF COUNSEL September 21, 2007 U.S. Fish and Wildlife Service P.O. Box 25486 Denver Federal Center Denver, CO 80225 RE: Docket No. AB-857 (Sub-No. 1), Great Western Railway of Colorado, LLC --Abandonment Exemption In Weld County, CO Dear Sir/Madam: Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of Exemption with the Surface Transportation Board ("STB"), on or about November 15, 2007, for GWRC to abandon its 6.2-mile line of railroad located between milepost 0.0, at Johnstown, and milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is attached. Pursuant to the STB's environmental regulations at 49 C.F.K., Part 1105, we are advising you of this proposed action so that you may assist us in determining whether it is likely to adversely affect endangered or threatened species or areas designated as a critical habitat. We would appreciate your review of the proposed abandonment and any comments you may wish to offer. We would also appreciate you providing us with a written response so that we can forward it to the STB. PORTLAND.OREGON WASHINGTON n.C_ BEND,OREGON BALL JANIK LIP September 21, 2007 Page 2 Thank you in advance for your prompt assistance. If you have any questions concerning this matter, please contact me. Sincerely Karl Morell �l Attorney for: Great Western Railway of Colorado, LLC Pr'SCI%%y%%y a�irt ( a United States Department of the Interior FISH AND WILDLIFE SERVICE 49C11 3,+a Ecological Services Colorado Field Office P.O. Box 25486, DFC (65412) Denver, Colorado 80225-0486 M REPLY REFER TO: ES/CO: T&E/List TAILS 65412-2007-TA-0004 Karl Morell Attorney MeT = 9 7(!' '> Ball Janik LLP1455 F Street, NW, Suite 225 Washington, D.C. 20005 Dear Karl Morell: This responds to your letter of September 21, 2007 concerning: Docket No. AB-857(Sub- No.1), Great Western Railway of Colorado, LLC—Abandonment Exemption—In Weld County, Colorado. The enclosed list is presented under the authority conferred to the U.S. Fish & Wildlife Service (Service) by the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). Enclosed is a list of Federal endangered, threatened, proposed and candidate species occurring in Colorado. The list for Weld County may be used as a basis for determining species potentially present in the area. Due to staffing constraints, the Colorado Field Office cannot provide you with site-specific information or provide recommendations regarding options under the Endangered Species Act. There is no designated critical habitat in Weld County. On February 2, 2005 the U. S. Fish and Wildlife Service issued a finding on a petition to delist Preble's. Because of the complexity involved, the Service has extended its original proposal. Until a final determination is made, Preble's remains protected under ESA. If we can be of further assistance, please contact Adam Misztal, of the Colorado Field Office, at (303) 236-4753 or at email: adam_misztal@fws.gov. Sincerely, Susan C. Limier Colorado Field Supervisor Enclosure Colorado Field Office County List Updated August 2007 Symbols: * Water depletions in the Upper Colorado River and San Juan River Basins, may affect the species and/or critical habitat in downstream reaches in other states. A Water depletions in the South Platte River may affect the species and/or critical habitat in downstream reaches in other states. © There is designated critical habitat for the species within the county. T Threatened E Endangered P Proposed X Experimental C Candidate For additional information contact: U.S. Fish and Wildlife Service, Colorado Field Office. PO Box 25486 DFC (MS 65412), Denver, Colorado 80225-0486, telephone 303-236-4773 U.S. Fish and Wildlife Service, Western Colorado Field Office, 764 Horizon Drive, Building B, Grand Junction, Colorado 81506, telephone 970-243-2778 Species Scientific Name Status ADAMS Black-footed ferret Mustela nigripes E Least tern (interior population)A Sternula antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon A Scaphirhynchus albus E Piping plover A Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis _ I Whooping crane A Grus americana E ALAMOSA Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Mexican spotted owl Strix occidentalis lucida T Southwestern willow flycatcher Empidonax traillii extimus F Yellow-billed cuckoo Coccyzus americanus C ARAPAHOE Black-footed ferret Mustela nigripes F. Least tern (interior population)♦ Sternula antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus E Pipingplover♦ Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane♦ _ Grus americana E ARCHULETA Black-footed ferret Mustela nigripes __ E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius F, Mexican spotted owl Strix occidentalis lucida_ T Pagosa skyrocket Ipomopsis polyantha Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E Yellow-billed cuckoo Coccyzus americanus C BACA Arkansas darter Etheostoma cragini C _ Black-footed ferret Mustela nigripes E Lesserprairie chicken Tympanuchus pallidicinctus C BENT Arkansas darter _ Etheostoma cragini _ C Black-footed ferret Mustela nigripes _ E Least tern(interior population) Sternula antillarum E Lesser prairie chicken -- Tympanuchus pallidicinctus _ C Piping plover Charadrius melodus T BOULDER Canada lynx Lynx canadensis T Colorado butterfly plant Gaura neomexicana spp. coloradensis T Greenback cutthroat trout Oncorhynchus clarki stomias T Least tern (interior population) ♦ Sternula antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon A Scaphirhynchus albus E Piping plover A Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T Slender moonwort Botrychium lineare C Ute ladies'-tresses Spiranthes diluvialis T Whooping crane♦ Grus americana _E BROOMFIELD Black-footed ferret Mustela nigripes E Colorado butterfly plant Gaura neomexicana spp. coloradensis '1- Least tern (interior population) ♦ Sternula antillarum_ Pallid sturgeon♦ Scaphirhynchus albus E 2 Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse Zajus hudsonius preblei _ T Ute ladies'-tresses orchid Spiranthes diluvialis T __ Whooping crane♦ Grus americana E CHAFFEE Canada lynx Lynx canadensis T Mexican spotted owl Strix occidentalis lucida T Uncomp re fritillary butterfly Boloria acrocnema 4 E CHEYENNE Arkansas darter Etheostoma cragini C _ Black-footed ferret Mustela nigripes E Lesser prairie chicken Tympanuchus pallidicinctus C CLEAR CREEK _ T Bald eagle Haliacetus leucocephalus T Canada lynx Lynx canadensis _ T Greenback cutthroat trout Oncorhynchus clarki stomias T Least tern (interior population) ♦ Sternula antillarum _ E Mexican spotted owl _ Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus E Piping plover♦ _ Charadrius melodus T Slender moonwort . Botrychium lineare _ C Whooping crane♦ Grus americana E CONEJOS Black-footed ferret _ Mustela nigripes Canada lynx Lynx canadensis T Mexican spotted owl Strix occidentalis lucida T Southwestern willow flycatcher Empidonax traillii extimus E Yellow-billed cuckoo Coccyzus americanus C COSTILLA Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Mexican spotted owl Strix occidentalis lucida T . Southwestern willow flycatcher Empidonax traillii extimus E Yellow-billed cuckoo Coccyzus americanus C CROWLEY Arkansas darter Etheostoma cragini C Black-footed ferret Mustela nigripes E Least tern (interior population) Sternula antillarum _ E Lesser prairie chicken Tympanuchus pallidicinctus L C 3 Piping plover Charadrius melodus CUSTER Canada lynx Lynx canadensis Greenback cutthroat trout Oncorhynchus clarki stomias T Mexican spotted owl _ Strix occidentalis lucida — T DELTA Black-footed ferret _ Mustela nigripes E Bonytail Gila elegans E Canada lynx Lynx canadcnsis _— T Clay-loving wild buckwheat Eriogonum pclinophilum _ TE Colorado pikeminnow© Ptychocheilus lucius E Humpback chub Gila cypha E Razorback sucker© Xyrauchen texanus Uinta Basin hookless cactus Sclerocactus glaucus Yellow-billed cuckoo Coccyzus americanus DENVER Least tern (interior population) ♦ Sternuia antillarum E Pallid sturgeon♦ Scaphirhynchus albus Piping plover♦ Charadrius melodus _ T_ Preble's meadow jumping mouse Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis T _ Whooping crane♦ Grus americana E DOLORES Bonytail* Gila clegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha E Mexican spotted owl Strix occidentalis lucida T Razorback sucker* Xyrauchen texanus F. Southwestern willow flycatcher Empidonax traillii extimus Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus DOUGLAS Black-footed ferret _ Mustela nigripes E Colorado butterfly plant Gaura neomexicana spp. coloradensis _T Greenback cutthroat trout Oncorhynchus clarki stomias T Least tern (interior population) ♦ Sternula antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus _ E Pawnee montane skipper Hesperia leonardus montana T 4 Piping plover Charadrius melodus T �� Preble's meadow jumping mouse© Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane♦ _ Grus americana E EAGLE Black-footed ferret Mustela nigripes E _ Bonytail* _ Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha _ E Razorback sucker* Xyrauchen texanus _ E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C ELBERT Arkansas darter Etheostoma cragini C Black-footed ferret Mustela nigripes E Least tern(interior population) ♦ Sternula antillarum E Pallid sturgeon A Scaphirhynchus albus E Piping plover A _ Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T Whooping crane♦ Grus americana E EL PASO Arkansas darter Etheostoma cragini �_ C Black-footed ferret _ Mustela nigripes E Greenback cutthroat trout Oncorhynchus clarki stomias _ T Least tern (interior population) ♦ Sternula antillarum Mexican spotted owl Strix occidentalis lucida Pallid sturgeon A Scaphirhynchus albus E Piping plover A _ Charadrius melodus T Preble's meadow jumping mouse _ T Zapus hudsonius preblei T Slender moonwort Botrychium lineare C Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane♦ Grus americana -_ E FREMONT Arkansas darter Etheostoma cragini C Black-footed ferret .Mustela nigripes E Canada lynx _ jynx canadensis T Mexican spotted owl Strix occidentalis lucida GARFIELD Bonytail Gila elegans E 5 Canada lynx Lynx canadensis T Colorado pikeminnow© Ptychocheilus lucius E De Beque phacelia _ Phacelia submutica C Humpback chub _ Gila cypha E Mexican spotted owl __ Strix occidentalis lucida T Parachute beardtongue Penstemon debilis . C Razorback sucker© _Xyrauchen texanus Uinta Basin hookless cactus Sclerocactus glaucus T Yellow-billed cuckoo Coccyzus americanus C GILPIN _- Canada lynx Lynx canadensis T _ Least tern(interior population) ♦ Sternula antillarum Mexican spotted owl Strix occidentalis lucida _ T Pallid sturgeon♦ Scaphirhynchus albus E Piping plover♦ Charadrius melodus _ T Whooping crane A Grus americana E GRAND _ ---- - — Bonytail* Gila elegans E Canada lynx ~Lynx canadensis T Colorado pikeminnow* _ Ptychocheilus Lucius E Humpback chub* Gila cypha _ E Osterhout milkvetch Astragalus osterhoutii E Penland beardtongue Penstemon penlandii E Razorback sucker* Xyrauchen texanus E Slender moonwort Botrychium lincare Yellow-billed cuckoo Coccyzus americanus C GUNNISON Bonytail* Gila elegans Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha Razorback sucker* Xyrauchen texanus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C HINSDALE Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha E _ Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher -- Empidonax traillii extimus E 6 Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C. HUERFANO - - Arkansas darter Etheostoma cragini C Canada lynx _ Lynx canadensis __ _ T Greenback cutthroat trout Oncorhynchus clarki stomias T Mexican spotted owl Strix occidental's Iucida T JACKSON Canada lynx Lynx canadensis "1 Least tern (interior population) ♦ Stemula antillarum E North Park phacelia Phacelia formosula E Pallid sturgeon A - Scaphirhynchus albus Piping plover A Charadrius melodus T Whooping crane♦ - - Grus americana - -E I-- - - JEFFERSON Canada lynx Lynx canadensis T Colorado butterfly plant Gaura neomexicana spp. coloradensis T Least tern(interior population) ♦ Sternula antillarum E Mexican spotted owl Strix occidental's lucida T Pallid sturgeon♦ Scaphirhynchus albus Pawnee montane skipper Hesperia leonardus montana T Piping plover A Charadrius melodus - T Preble's meadow jumping mouse© Zapus hudsonius preblei T �� lite ladies'-tresses orchid Spiranthes diluvialis 1' Whooping crane♦ Grus americana E KIOWA _ --- --- - Arkansas darter Etheostoma cragini C Black-footed ferret Mustela nigripes E Least tern (interior population) Sternula antillarum E Lesser prairie chicken Tympanuchus pallidicinctus C Piping plover _ - Charadrius melodus T KIT CARSON Black-footed ferret Mustela nigripes E LAKE Canada lynx Lynx canadensis �� T Greenback cutthroat trout Oncorhynchus clarki stomias T Penland alpine fen mustard Eutrema penlandii T _ Slender moonwort Botrychium lineare C Uncompahgre fritillary butterfly Boloria acrocnema E 7 LA PLATA Black-footed ferret _ Mustela nigripes E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Knowlton cactus Pediocactus knowltonii E Mexican spotted owl Strix occidentalis lucida T Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americans C LARIMER Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Colorado butterfly plant Gaura neomexicana spp. coloradensis T Greenback cutthroat trout Oncorhynchus clarki stomias T _ Least tern (interior population)♦ Sternula antillarum E Mexican spotted owl Strix occidentalis lucida T North Park phacelia Phacelia formosula E Pallid sturgeon A Scaphirhynchus albus E Piping plover A Charadrius melodus T Preble's meadow jumping mouse© Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane♦ Grus americana E LAS ANIMAS Arkansas darter .Etheostoma cragini C Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Mexican spotted owl Strix occidentalis lucida T LINCOLN Arkansas darter Etheostoma cragini C Black-footed ferret Mustela nigripes E Least tern (interior population)♦ Sternula antillarum E Lesser prairie chicken Tympanuchus pallidicinctus C Pallid sturgeon A Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Whooping crane♦ Grus americana E . LOGAN Least tern (interior population)♦ Sternula antillarum E Pallid sturgeon A Scaphirhynchus albus - E Piping plover Charadrius melodus T 8 Whooping crane♦ Grus americana — E MESA Bonytail© Gila elegans Canada lynx Lynx canadensis T Colorado pikeminnow© Ptychocheilus lucius E De Beque phacelia Phacelia submutica C Humpback chub© Gila cypha E Razorback sucker© Xyrauchen texanus E Uinta Basin hookless cactus Sclerocactus glaucus T Yellow-billed cuckoo Coccyzus americanus C MINERAL Canada lynx Lynx canadensis '1' Colorado pikeminnow* Ptychocheilus lucius E Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus _ E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C MOFFAT Black-footed ferret Mustela nigripes Bonytail© Gila elegans E Canada lynx w - Lynx canadensis Colorado pikeminnow© Ptychocheilus lucius __ E Humpback chub© Gila cypha E Mexican spotted owl Strix occidentalis lucida Razorback sucker© Xyrauchen texanus E Yellow-billed cuckoo Coccyzus americanus 4 C MONTEZUMA Black-footed ferret Mustela nigripes T E Canada lynx Lynx canadensis Colorado pikeminnow* Ptychocheilus lucius W E Mancos milkvetch _ Astragalus humillimus E Mesa Verde cactus Sclerocactus mesae-verdae T Mexican spotted owl Strix occidentalis lucida Razorback sucker* Xyrauchen texanus �E Sleeping Ute milkvetch Astragalus tortipes C Southwestern willow flycatcher Empidonax traillii extimus E Yellow-billed cuckoo Coccyzus americanus C MONTROSE Black-footed ferret Mustela nigripes E 9 Bonytail* - Gila elegans E Canada lynx Lynx canadensis Clay-loving wild buckwheat __ Eriogonum pelinophilum E Colorado pikeminnow* �Ptychocheilus lucius Humpback chub* Gila cypha E Mexican spotted owl Strix occidentalis lucida ^T Razorback sucker* _ Xyrauchen texanus E Uinta Basin hookless cactus _ Sclerocactus glaucus T Yellow-billed cuckoo Coccyzus americanus C _T MORGAN Black-footed ferret Mustela nigripes L Least tern(interior population) Sternula antillarum _ E Pallid sturgeon♦ Scaphirhynchus albus E Piping plover Charadrius melodus T _ Preble's meadow jumping mouse Zapus hudsonius preblei T - Ute ladies'-tresses orchid Spiranthes diluvialis 1'_ Whooping crane♦ Grus americana OTERO Arkansas darter Etheostoma cragini C Black-footed ferret Mustcla nigripes _ E Least tern (interior population) Stemula antillarum E _ Piping plover • Charadrius melodus OURAY _ Bonytail* Gila elegans Canada lynx Lynx canadcnsis Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha E Razorback sucker* Xyrauchen texanus E Uncompahgre fritillary butterfly Boloria acrocnema Yellow-billed cuckoo Coccyzus americanus C �^ PARK --- Canada lynx Lynx canadensis T Greenback cutthroat trout Oncorhynchus clarki stomias T - Least tern (interior population)♦ Sternula antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ _ Scaphirhynchus albus E _Pawnee montane skipper Hesperia leonardus montana T Penland alpine fen mustard Eutrema penlandii T Piping plover A Charadrius melodus T Uncompahgre fritillary butterfly - Boloria acrocnema E Whooping crane♦ Grus americana E 10 PHILLIPS None PITKIN Bonytail* Gila elegans — E Canada lynx ___._ Lynx canadensis T Colorado pikeminnow* Ptychocheilus Lucius E Iumpback chub* Gila cypha E Mexican spotted owl _ Strix occidentalis lucida T Razorback sucker* Xyrauchen texanus Uncompahgre fritillary butterfly Boloria acrocncma ~E Yellow-billed cuckoo Coccyzus americanus C PROWERS Arkansas darter Etheostoma cragini C Black-footed ferret Mustela nigripes E Least tern(interior population) Sternula anti llarum E Lesser prairie chicken Tympanuchus pallidicinctus C Piping plover Charadrius melodus T PUEBLO _Arkansas darter Etheostoma cragini Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis Greenback cutthroat trout - Oncorhynchus clarki stomias T Mexican spotted owl Strix occidentalis Iucida I RIO BLANC() Black-footed ferret Mustela nigripes E Bonytail* Gila elegans E Canada lynx Lynx canadcnsis T Colorado pikeminnow0 Ptychocheilus Lucius E Dudley Bluffs bladderpod Lesquerella congesta _ T Dudley Bluffs twinpod Physaria obcordata Graham beardtongue Penstemon graham ii C Humpback chub* —__ Gila cypha E Razorback sucker* Xyrauchen texanus E White River beardtongue Penstemon scariosus var. albifluvis C Yellow-billed cuckoo Coccyzus americanus J C RIO GRANDE - .! Canada lynx Lynx canadensis _ T Colorado pikeminnow* Ptychocheilus lucius E Mexican spotted owl Strix occidentalis lucida T 11 Razorback sucker* Xyrauchen texanus — E Southwestern willow flycatcher Empidonax traillii extimus Uncompahgre fritillary butterfly Boloria acrocnema _ E Yellow-billed cuckoo Coccyzus americanus C _ ROUTT _ Bonytail* Gila elegans Canada lynx Lynx canadensis _ T Colorado pikeminnow* Ptychocheilus Lucius E �T Humpback chub* Gila cypha E Razorback sucker* Xyrauchen texanus E Yellow-billed cuckoo Coccyzus americanus 'C SAGUACHE Black-footed ferret Mustela nigripes Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* _ Gila cypha Mexican spotted owl Strix occidentalis lucida _ T Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus _E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C SAN JUAN Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Razorback sucker* —� Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus J E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C SAN MIGUE L _ Black-footed ferret Mustela nigripes E Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha E Mexican spotted owl Strix occidentalis lucida T Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E Uncompahgre fritillary butterfly - Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C 12 SEDGWICK Least tern(interior population) Sternula antillarum E Pallid sturgeon♦ Scaphirhynchus albus E Piping plover Charadrius melodus T _ Whooping crane♦ Grus americana E SUMMIT Bonytail* _ Gilaelegans __ E Canada lynx Lynx canadensis Colorado pikeminnow* Ptychocheilus Iucius E Humpback chub* Gila cypha F Mexican spotted owl Strix occidentalis lucida T Penland pine fen mustard Eutrema penlandii I' Razorback sucker* Xyrauchen texanus F, Slender moonwort, Botrychium lineare C Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C TELLER Least tern(interior population)♦ Stcrnula antillarum _ E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus E Pawnee montane skipper Hesperia leonardus montana T Piping plover A Charadrius melodus T Preble's meadow jumping mouse© Zapus hudsonius preblei • T Whooping crane♦ Grus americana WASHINGTON Black-footed ferret Mustela nigripes __ E Least tern(interior population)♦ Sternula antillarum E _ Pallid sturgeon♦_ Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Whooping crane♦ Grus americana E WELD Black-footed ferret Mustela nigripes E __ Colorado butterfly plant Gaura neomexicana spp. coloradensis T Least tern(interior population)♦ _Sternula antillarum E Mexican spotted owl Strix occidentalis lucida _ T Pallid sturgeon♦ Scaphirhynchus albus E Piping plover♦ Charadrius melodus _ T Prehle's meadow jumping mouse Zapus hudsonius preblei Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane♦ Grus americana 13 YUMA None T Laurie VCOSpeciesbyCountyl.stforWebPage08-07 doc.080907 14 EXHIBIT 5 BALL JANIK LLP A T T O R N E Y S 1455 F STREET.NW,Sum 225 WASHINGTON.D.C. 20005 www balljanik corn TELEPHONE 20263&3307 FACSIMILE 202-7836947 KARL MORELI. kmcr:IC.F,'.�_co n OF COUNSEL. September 21, 2007 National Park Service RTCA Program 1201 Eye Street, NW 9th Floor(Org Code 2240) Washington, D.C. 20005 RE: Docket No. AB-857 (Sub-No. 1), Great Western Railway of Colorado, LLC —Abandonment Exemption In Weld County, CO Dear Sir/Madam: Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Nct cc Exemption with the Surface Transportation Board ("STB"), on or about November I 'n GWRC to abandon its 6.2-mile line of railroad located between milepost 0.0, at .io1u t us milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandanr_ei attached. Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, w : _;r . you of this proposed action so that you may assist us in identifying any potential effer__. wildlife sanctuaries or refuges, National or State parks or forests. We would appreciate your review of the proposed abandonment and any coutax may wish to offer. We would also appreciate you providing us with a written respcl - TI; can forward it to the STB. PORTLAND_OREGON WASHINGTON. D . BEND.OREGON • BALL JANIK IAA) September 21, 2007 Page 2 Thank you in advance for your prompt assistance. If you have any questions concerning this matter, please contact me. Sincerely, 014417 Karl More Attorney for: Great Western Railway of Colorado, LLC Morell, Karl From: Cherri_Espersen@nps.gov Sent: Wednesday, October 03, 2007 10:43 AM To: Morell, Karl Subject: Docket No. AB-857, Weld County, CO Mr. Morell, Thank you for your recent letter regarding Great Western Railway of Colorado's proposed abandonment of a 6.2-mile line of railroad located between milepost 0.0 at Johnstown and milepost 6.2 at Welty in Weld County, Colorado. I have no comments at this time, and cannot comment on potential effects on wildlife sanctuaries or refuges, State parks or forests. Cherri Espersen Rivers, Trails and Conservation Assistance Program National Park Service 1849 C Street, NW (Org Code 2240) Washington, DC 20240-0001 202-354-6920 202-371-5179 (fax) [For visitors and deliveries, please use 1201 Eye St. , NW, 9th floor, Org Code 2240, Washington, D.C. 20005] 1 EXHIBIT 6 BALL JANIK LLP A T T ORNEYS 1455 F STREEF.NW.Sucre 225 WASHINGTON.D.C. 20005 www.balljanik corn TELEPHONE 202-638-3307 FACSIMILE 202-783060347 KART.MOREI.I. kmorcll(a?bjllrycom OF COUNSEL September 21, 2007 Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246 RE: Docket No. AB-857 (Sub-No. 1), Great Western Railway of Colorado, LLC --Abandonment Exemption In Weld County, CO Dear Sir/Madam: Great Western Railway of Colorado, LLC("GWRC") is planning to file a Notice of Exemption with the Surface Transportation Board ("STB"), on or about November 15, 2007, for GWRC to abandon its 6.2-mile line of railroad located between milepost 0-0, at Johnstown, and milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is attached. Pursuantto the STB's environmental regulations at 49 C.F.R., Part 1105, we are advising you of this proposed action so that you may assist us in identifying any potential effects on applicable water quality standards. We also seek your assistance in determining whether the proposed abandonment is consistent with applicable Federal, State or local water quality standards. GWRC does not believe any permits under Section 402 of the Clean Water Act will be required. We would appreciate your review of the proposed abandonment and any comments you may wish to offer. We would also appreciate you providing us with a written response so that we can forward it to the STB. PORTLAND_OREGON WASHINGTON. D _ BEND.OREGON BALL JANIK LLP September 21, 2007 Page 2 Thank you in advance for your prompt assistance. If you have any questions concerning this matter, please contact me. Sincere', an Morell Attorney for: Great Western Railway of Colorado, LLC BALL JANIK u_n ATTORNEYS 1455 F STREF_T.NW,Sunt 225 WASHINGTON.D.C- 20605 www.balljanik.cnm TELEPHONE 202-638-3307 FACSIMILE 202-783-6947 KARL MORELL lanorell@bjllp.com OF COUNSEL September 21, 2007 U.S. Environmental Protection Agency 999 18th Street Suite 300 Denver, CO 80202-2466 RE: Docket No. AB-857 (Sub-No. 1), Great Western Railway of Colorado, LLC —Abandonment Exemption In Weld County, CO Dear Sir/Madam: Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of Exemption with the Surface Transportation Board ("STB"), on or about November 15, 2007, for GWRC. to abandon its 6.2-mile line of railroad located between milepost 0.0, at Johnstown, and milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is attached. Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, we are advising you of this proposed action so that you may assist us in identifying any potential effects on applicable water quality standards. We also seek your assistance in determining whether the proposed abandonment is consistent with applicable Federal, State or local water quality standards. GWRC does not believe any permits under Section 402 of the Clean Water Act will be required. We would appreciate your review of the proposed abandonment and any comments you may wish to offer. We would also appreciate you providing us with a written response so that we can forward it to the STB. PORTLAND.OREGON WASHINGTON.[),(.. BEND. OREGON BALL JANIK LIT' September 21, 2007 Page 2 Thank you in advance for your prompt assistance. If you have any questions concerning this matter, please contact me. Sincerely (,��,�� ✓ � art Morel! dddiii.✓JJJ��///// Attorney for: Great Western Railway of Colorado, LLC BALL JANIK LLP EXHIBIT 7 ATTORNEYS 1455 F STREET,NW,SunE 225 WASHINGTON.D-C_ 20005 www balljanik.com TELEPHONE 202-638-3307 FACSIMILE 202-783-6947 KARL Mogl.i. kmorell@bjllp.com OF COIJNSLI. September 21, 2007 U.S. Army Engineer, Omaha District 106 South 15th Street Omaha, Nebraska 68102-1618 RE: Docket No. AB-857 (Sub-No. 1), Great Western Railway of Colorado, LLC --Abandonment Exemption—In Weld County, CO Dear Sir/Madam: Great Western Railway of Colorado, LLC("GWRC") is planning to file a Notice of Exemption with the Surface Transportation Board ("STB"), on or about November 15, 2007, for GWRC to abandon its 6.2-mile line of railroad located between milepost 0.0, at Johnstown, and milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is attached. Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, we are advising you of this proposed action so that you may assist us in identifying any potential effects on designated wetlands or 100-year flood plains. GWRC does not believe any permits under Section 404 of the Clean Water Act will be required. We would appreciate your review of the proposed abandonment and any comments you may wish to offer. We would also appreciate you providing us with a written response so that we can forward it to the STB. PORTLAND.OREGON WASHINGTON,D . BEND.OREGON BALL JANIK LLN September 21, 2007 Page 2 Thank you in advance for your prompt assistance. If you have any questions concerning this matter, please contact me. Sincerely, Karl Morell Attorney for: Great Western Railway of Colorado, LLC E'EN q/°� DEPARTMENT OF THE ARMY ��I/ E, CORPS OF ENGINEERS,OMAHA DISTRICT DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTI I BOULEVARD I IITI FTON,COLORADO 80128-6901 November 16, 2007 Mr. Karl Morell, Esq. Ball Janik LIT 1455 P. Street, NW, Suite 225 Washington DC 20005 RE: Docket No. AB-857 (Sub-NO. 1), Great Western Railway of Colorado, LLC—Abandonment Exemption—In Weld County, CO Corps File No. NWO-2007-3567-DEN Dear Mr. Morell: Reference is made to the above-mentioned project located between milepost 0.0, at Johnstown and milepost 6.2, at Welty in Weld County, Colorado. This project was reviewed by Mr. Terry McKee of my office in accordance with Section 404 of the Clean Water Act. In addition, Mr. McKee reviewed the area for potential floodplains. The subject 6.2-mile line of the Great Western Railway is not located within a designated floodplain. From a review of mapping for this area, it appears that the only potentially jurisdictional waters of the United States near the line are the Hillsboro Ditch and a small ephemeral tributary that flows to the ditch. Based on the information provided, a Department of the Army (DA)Permit would likely not be required for work at this site. If, however, it is determined that work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in an aquatic site, this office should be notified by a proponent of the project for an Approved Jurisdictional Determination of waters of the U.S.. Work in an aquatic site should be shown on a map identifying the Quarter Section, "Township, Range and County of the work and the dimensions of work in each area. Any loss of an aquatic site may require mitigation. Mitigation requirements will be determined during the Department of the Army permitting review. If there are any questions call Mr. Terry McKee of my office at 303-979-4120 and reference Corps File No. NWO-2007-3567-DEN. Sincerely, Ti othy T. arey Chie , nve Re ulatory ffice tm EXHIBIT E HISTORIC REPORT (49 CFR SECTION 1105.8) STB DOCKET NO. AB-857 (SUB-NO. 1X) GREAT WESTERN RAILWAY OF COLORADO, LLC - ABANDONMENT EXEMPTION - IN WELD COUNTY, COLORADO The Historic Report should contain the information required by Section 1105.7(e)(1) of the Environmental Report prepared for the proposed abandonment: 1. Proposed Actions and Alternatives. Describe the proposed action, including commodities transported, the planned disposition (if any) of the rail line and other structures that may be involved, and any possible changes in current operations or maintenance practices. Also describe any reasonable alternatives to the proposed action. Include a readable, detailed map and drawings clearly delineating the project. Great Western Railway of Colorado, LLC ("GWRC") proposes to abandon its Welty Branch located between milepost 0.0 at Johnstown, Colorado and milepost 6.2, at Welty, in Weld County Colorado, totaling approximately 6.2 miles (the "Line"). Upon receipt of abandonment authority, GWRC intends to remove the rail, track materials, and cross ties. During the removal of the track and track materials, GWRC does not anticipate the use of any access roads, the need to conduct dredging, or the use of fill. Only existing public and private access roads and the GWRC right-of-way should be needed to facilitate the salvage operations. In addition, there are no plans of disturbing the underlying roadbed. There are no bridges to be removed and no surrounding waterways. The Line has not been used for local traffic in over 20 years and no maintenance has been performed on any portion of the Line. The Line is stub-ended and not capable of handling overhead traffic. Therefore, the proposed abandonment will not change rail freight operations or maintenance practices on this Line. The only alternative to abandonment would be to not abandon the Line and pass the opportunity costs of retaining the Line to all other GWRC customers. Obviously, this would not be a prudent use of GWRC's resources. The Line is in extremely poor condition. A map of the proposed abandonment is attached as Exhibit 1. 1 HISTORIC REPORT 1. A U.S.G.S. topographic map (or an alternate map drawn to scale and sufficiently detailed to show buildings and other structures in the vicinity of the proposed action) showing the location of the proposed action, and the locations and approximate dimensions of railroad structures that are 50 years or older and are part of the proposed action. Two U.S. Geological Survey maps depicting the Line proposed for abandonment were supplied to the Colorado Office of Archaeology and Historic Preservation ("SHPO"). See Exhibit 2. There are no structures 50 years old or older associated with the abandonment of the Line. 2. A written description of the right-of-way (including approximate widths, to the extent known) and the topography and urban and/or rural characteristics of the surrounding area. The Line branches off GWRC's mainline at the intersection of route 17 and N 2"d Street in Johnstown (population 3,827), extends in a southwesterly direction through Johnstown until it reaches route 15 and then extends westerly through a predominantly rural area to the end of the Line just west of Interstate Hwy 25. The basic rail corridor right-of-way is approximately 80 feet in width for the majority of the length of the Line. 3. Good quality photographs (actual photographic prints, not photocopies) of railroad structures on the property that are 50 years or older and of the immediate surrounding area. There are no railroad structures on the Line that are 50 years old or older. 4. The date(s) of construction of the structure(s), and extent of any major alterations, to the extent such information is known. There are no railroad structures on the Line that are 50 years old or older. 5. A brief narrative history of carrier operations in the area, and an explanation of what, if any, changes are contemplated as a result of the proposed action. GWRC is the successor to the Great Western Railway Company that constructed the Line sometime between 1901 and 1906 primarily to serve the sugar beet industry in the area. Subsequently, the Line was used to transport various agricultural products. The Line, however, has not been used for over 20 years. Because no traffic has moved over this Line in over 20 years, the proposed abandonment will not result in any change in rail operations. 2 6. A brief summary of documents in the carrier's possession, such as engineering drawings, that might be useful in documenting a structure that is found to be historic. GWRC does not possess any such documents. 7. An opinion (based on readily available information in the railroad's possession) as to whether the site and/or structures meet the criteria for listing on the National Register of Historic Places (36 C.F.R. 60.4), and whether there is a likelihood of archeological resources or any other previously unknown historic properties in the project area, and the basis for these opinions (including any consultations with the State Historic Preservation Office, local historical societies or universities). The Line contains no historic structures and GWRC is unaware of any archeological resources or railroad historic properties along the Line. On September 21, 2007, GWRC sent a letter to the SHPO eliciting their views on the proposed abandonment. See Exhibit 2. In response, the SHPO noted that the Line was determined eligible for the National Register of Historic Places in 1989. The SHPO was also of the view "that there are numerous railroad-related structures along the route, including signposts, signals, and trestles." See Exhibit 3. GWRC is unaware of the Line's eligibility for the National Register. Also, GWRC is not aware of any structures along the Line that are owned by GWRC and that would be affected by the proposed abandonment. In any event, GWRC will work with the SHPO to resolve these matters. 8. A description (based on readily available information in the railroad's possession) of any known prior subsurface .ground disturbance or fill, environmental conditions (naturally occurring or manmade) that might affect the archeological recovery of resources (such as swampy conditions or the presence of toxic waste), and the surrounding terrain. There are no existing records as to the nature any known subsurface ground disturbance or fill, or environmental condition that might affect the archeological recovery of any potential resources. 9. Within 30 days of receipt of the historic report, the State Historic Preservation Officer may request the following additional information regarding specified nonrailroad owned properties or groups of properties immediately adjacent to the railroad right-of-way: photographs of specified properties that can be readily seen from the railroad right-of-way (or other public rights-of-way adjacent to the property) and a written description of any previously discovered archeological sites, identifying the location and type of the site (i.e., prehistoric or native American). 3 GWRC will work with the SHPO on the matters discussed above and will provide the SHPO whatever additional information is need in association with the proposed Line abandonment. • t. mss: u z` (r • • • •• rt•: 3`.. s : .. ..r .if Se era _ - ��-�,f.-1: : t w..�.nK <,..[................�:.:':'. eF:. ..._v..,..�_..—'_.- ....,..�-.....-- �.>.11:m.'..� - t.',eFn:1 ,--..;.•..4,.,;,:....4-::,......•••--..4;,,,.7,•••;••••,--4i:, s s: l'*;:. f w +f s... rid � 4 o a I` i -., .0.,fr -• -9 ��-0rey - + tr {. nog f We if :' + • '� .c....,.._ .4--= -.-mac_^-�.sacrr. er`._ _ • 4� . •• The Great lAc stern 'Iwayr Co. i ,. tie•::. i � '47H yUierta .. 4 3' 3cCGff se rn R wr � K+. r f i • ♦1vM.f rC:+\6i/lnpliY • iFt' fip *Ii .. st a ', �. C" +rho' t /� 1� Y S ,t,, vak' • s • .{ • . ... ... E EXHIBIT 1 EXHIBIT 2 BALL JANIK LLP ATTORNEYS 1455 F STREET.NW,SUITE 225 W4,9RNcroN.D.C. 2O005 www.balljanik.com TELEPHONE 202-638-3307 FAcsimiLE 202-783-6947 KARL MORELL kmorell@bjlip com OF COUNSEL September 21, 2007 Colorado Archeology and Historic Preservation Office 1300 Broadway Denver, Colorado 80203 RE: Docket No. AB-857 (Sub-No. 1), Great Western Railway of Colorado, LLC --Abandonment Exemption—In Weld County, CO Dear Sir/Madam: Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of Exemption with the Surface Transportation Board ("STB"), on or about November 15, 2007, for GWRC to abandon its 6.2-mile line of railroad located between milepost 0.0, at Johnstown, and milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is attached. One of the requirements for this filing with the STB is that the carrier contact the State Historic Preservation Office regarding the proposed abandonment. Enclosed are twp U.S. Geological Survey maps depicting the area where the rail line is located. The proposed abandonment will involve the removal of the rail, track material, and crossties. The rail line GWRC seeks to abandon is located in Weld County, Colorado. The line begins at milepost 0.0, at Johnstown, and extends generally in a westerly direction to the end of the line at milepost 6.2, at Welty. The line crosses through predominately flat, rural areas. There are no structures 50 years old or older associated with the abandonment of the 6.2- mile rail line. PORTLAND.OREGON WASHINGTON, D.L.. BEND,OREGON BALL JANIK I.I.P September 21, 2007 Page 2 We will send you a copy of the Historic Report as soon as it is completed. If I can of further assistance regarding this matter, please call me at (202) 638-3307. Sincere y, Karl Morell Attorney for Great Western Railway of Colorado, LLC Enclosures g'i OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION EXHIBIT3 15 October 2007 Karl Morell Ball Janik 1,I,P 1455 F Street, NW, Suite 225 Washington, DC 20005 RE: Docket No. AB-857 (Sub No. 1), Great Western Railway of Colorado, Track Abandonment, Johnstown to Welty, Weld County Dear Mr. Morell: Thank you for your recent correspondence dated 21 September 2007, concerning the proposed abandonment of a 6.2-mile stretch of track between Johnstown and Welty. Our office has reviewed the submitted materials. This railroad line is more than fifty years old. This segment was determined to be eligible for the National Register of Historic Places in 1989. It appears that there are numerous railroad-related structures along the route, including signposts,signals,and trestles. These items are related to the railroad's significance and should be considered when planning the dissolution of the line. We look forward to reviewing your Historic Report when it is completed. If you have any questions, please contact Joseph Saldibar, Architectural Services Coordinator, at (303) 866-3741. Sincerely, eorgianna Contiguglia State Historic Preservation Officer,and President, Colorado Historical Society OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION 303-866-3392 * Fax 303-866-2711 * E-mail:oahp@tchs.state.co.us* Internet:www.coloradohistory-oahp.org - 1 - COLORADO HISTORICAL SOCIETY 1300 BROADWAY DENVER COLORADO 80203 TEL 303/866-3395 FAX 303/866-2711 www.coloradohistory-oahporg Hello