HomeMy WebLinkAbout20032834.tiff GREAT WESTERN RAILWAY
OF COLORADO,L.L.C.
P.O.Box 537 Zip 80539 -
950 Taylor Avenue
Loveland,Colorado 80538
Telephone 970-667-6883
Fax 970-667-1444 _ Omni •
Mobile 970-567-1388
http://www.omnitrax.com
October 1, 2003
Weld County Commission
Mr. David Long
Chairman
Weld County Commission
915 10th Street
Greeley, Colorado 80631-1117
Re: Docket No. AB-857 (Sub-No. 1X), Great Western Railway of Colorado, LLC —
Abandonment Exemption—Weld County, Colorado
Dear Sir/Madam:
On or shortly after October 20, 2003, Great Western Railway of Colorado, LLC
("GWRC") will file with the Surface Transportation Board ("STB") a Notice of
Exemption seeking authority to abandon a line segment consisting of 11.7 mile rail line
located between milepost 30.8 near Windsor, Colorado and milepost 42.5 near Eaton,
Colorado 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.
GWRC is 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 Environment Analysis
(SEA), Surface Transportation Board, 1925 K Street, N.W., Washington, D.C. 20423-
0001, telephone (202) 565-1545, and refer to the above the above Docket No. AB-853
(Sub-No. 1X). 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 three weeks.
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
r/ t7:;r- A ._2,;e;r-r' - 2003-2834
4'1 . Of/
concerning this proposal, please contact the undersigned at (303) 393-0033 or by mail at
252 Clayton Street, 4t Floor, Denver, Colorado 80206.
Thank you.
Sincerely,
Mike Ogborn
Manager
Great Western Railway of Colorado, LLC
Enclosures
ENVIRONMENTAL REPORT
(49 CFR 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 procedures. 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 Eaton
Subdivision located between milepost 30.8 near Windsor, Colorado and milepost 42.5
near Eaton, Colorado, totaling approximately 11.7 miles (the "Line"). Upon receipt of
abandonment authority, GWRC intends to remove the rail, track materials, and cross ties.
There are currently no plans to remove any of the bridge structures on the Line.
The Line has not been used for local or overhead traffic for in excess of ten years and no
maintenance has been performed on any portion of the Line. 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 or 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
traffic (passenger and freight) that will be diverted to other transportation systems
or modes as a result of the proposed action.
No local or overhead freight or passenger traffic has moved over the Line in over ten
years. Therefore, the proposed abandonment will have no adverse effects on local or
regional transportation systems or patterns because the traffic that once used the Line has
long ago been transferred to other transportation modes or routes. Also, no traffic will be
1
diverted to other transportation systems or modes as a result of the proposed
abandonment.
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 has contacted the local government of Weld County as shown in
the letter attached as Exhibit 2. On September 23, 2003, Vickie Sprague called from the
County Commission office and reported that the GWRC letter had been circulated among
the 5 County Commissioners and that the proposed abandonment is consistent with local
land use plans. In addition, GWRC wrote the National Geodetic Survey ("Survey") to
solicit its views on this issue. That letter is attached as Exhibit 3 and the Survey's
response is attached as Exhibit 3A. GWRC does not plan any activities that will disturb
the two geodetic station markers identified by the Survey.
(ii) GWRC is confident the proposed abandonment will not have any detrimental
effect on any prime agricultural land. GWRC contacted the U.S. Soil Conservation
Service as is shown in the letter attached as Exhibit 4. Attached as Exhibit 4A is the
response of State Conservationist that states the "proposed action will not impact any
prime agricultural land."
(iii) The Line is not located in 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 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 or motor carriage or 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.
2
(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 or overhead traffic has moved over the Line for ten years. 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 or overhead rail traffic has been handled over the Line in
approximately ten years.
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 10505)
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.
(ii) The proposed abandonment will not result in meeting or exceeding these
thresholds.
3
(iii) The proposed abandonment will not affect the transportation of depletion
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) GWRC believes there will not be any impact on public health or safety associated
with the proposed abandonment because no local or overhead traffic has moved on the
Line in over ten years. The eventual removal of public and private rail crossings will,
however, have a positive effect on vehicular traffic that will no longer have to deal with
the crossings.
(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 the right-of-way.
8. Biological Resources. (i) Based on consultations with the U.S. Fish and
Wildlife Service, state whether the proposed action its 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 is confident that the proposed abandonment will not have an adverse
affect on threatened or endangered species or areas designated as a critical habitat.
GWRC contacted the U.S. Fish and Wildlife Service as shown by the letter attached as
4
Exhibit 5. GWRC has supplied a copy of this report to the U.S. Fish and Wildlife Service
for its information and comment.
(ii) GWRC believes there are no wildlife sanctuaries or refuges or National or State
parks or forests that would be adversely affected by the proposed abandonment. GWRC
has contacted the National Park Service as shown in the letter attached as Exhibit 6.
GWRC has supplied a copy of this report to the National Park Service 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 Air Act (33 U.S.C.
1342) are required for the proposed action. (Applicants should contact the U.S.
Environmental Protection Agency or the state environmental protection or
equivalent agency if they are unsure whether such permits are required.)
(i) GWRC is confident the proposed abandonment will not be inconsistent with
applicable water quality standards. GWRC contacted the Colorado Department of Health
as is shown by the letter attached as Exhibit 7. No response has been received to date.
GWRC has sent the Department a copy of this report for its information and comment.
(ii) GWRC believes the proposed abandonment will not require the issuance of any
permits under Section 404 of the Clean Water Act. Also, no designated wetlands or 100-
year flood plains will be adversely affected by the proposed abandonment. GWRC
contacted the U.S. Army Corps of Engineers as is shown by the letter attached as Exhibit
8. The Corps' response is attached as Exhibit 8A. GWRC has supplied the Corps with a
copy of this report for its information and further comment.
(iii) GWRC believes the proposed abandonment will not require the issuance of any
permits under Section 402 of the Clean Air Act. GWRC contacted the U.S.
Environmental Protection Agency as is shown by the letter attached as Exhibit 9. No
response has been received to date. GWRC supplied a copy of this report 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 nor have the recipients of this report advised of a need for special
mitigation.
5
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Exhibit 2
OntniTRAX, INC.
252 Clayton Street
Denver, CO 80206
Telephone 303-393-0033
Fax 303-393-0041 Omni •
www.omnitrax.com
August 8,2003
Mr. David Long
Chairman
Weld County Commission
915 10th Street
Greeley, Colorado 80631-1117
Re: Docket No. AB-857 SDM (Sub-No. 1X), Great Western Railway of Colorado. LLC
Notice of Exemption to Abandon 11.7 Miles of Trackage in Weld County. Colorado
Dear Mr. Long:
Great Western Railway of Colorado, LLC ("GWRCO") plans to file a Notice of
Exemption with the Surface Transportation Board to abandon approximately 11.7 miles
of trackage in Weld County, Colorado. A narrative description of the proposed
abandonment is attached to this letter.
49 CFR §1105.7(e)(3)(i) states that "Based upon consultation with local and/or regional
planning agencies and/or review of the planning documents prepared by such agencies,
state whether the proposed action is consistent with existing land use plans. Describe any
inconsistencies." GWRCO would appreciate your review of the proposed abandonment
as required by this regulation. Your response will be included in the Environmental
Report prepared for this abandonment and GWRCO will send a copy of it to you. To
facilitate your reply, I have enclosed a stamped, self-addressed envelope for your use.
Please feel free to contact me at (303) 393-0033, at my e-mail address, which is
mogbom(a?omnitrax.com. or at 252 Clayton Street, 4th Floor, Denver, Colorado 80206, if
you have any questions concerning this matter.
Sincerely,
Mike Ogborn
Manager, Great Western Railway of Colorado, LLC
Exhibit 3
M
OmniTR4X, INC.
252 Clayton Street
Denver, CO 80206
Telephone 303-393-0033
Fax 303-393-0041 Omni
www.omnitrax.com
August 8, 2003
The National Geodetic Survey
Department of Commerce/NOAA
SSMC3
1315 E. West Highway
Silver Springs, Maryland 20910
Re: Docket No. AB-857 SDM (Sub-No. lx), Great Western Railway of Colorado, LLC
Notice of Exemption to Abandon 11.7 Miles of Trackage in Weld County. Colorado
To Whom It May Concern:
Great Western Railway of Colorado, LLC ("GWRCO") plans to file a Notice of
Exemption with the Surface Transportation Board to abandon approximately 11.7 miles
of trackage in Weld County, Colorado. A narrative description of the proposed
abandonment is attached to this letter.
49 CFR §1105.7(e)(9)(ii) states that "Based upon consultation with local and/or regional
planning agencies and/or review of the planning documents prepared by such agencies,
state whether the proposed action is consistent with existing land use plans. Describe any
inconsistencies." GWRCO would appreciate your review of the proposed abandonment
as required by this regulation. Your response will be included in the Environmental
Report prepared for this abandonment and GWRCO will send a copy of it to you. To
facilitate your reply, I have enclosed a self-addressed, stamped envelope for your use.
Please feel free to contact me at (303) 393-0033, at my e-mail address, which is
mogborn@omnitrax.com or at 252 Clayton Street, 4th Floor, Denver, Colorado 80206, if
you have any questions concerning this matter.
Sincerely, _
Mike Ogborn
Manager, Great Western Railway of Colorado, LLC
or `qv`
e' "^ UNITED STA" I DEPARTMENT OF COMMERCE
National Doe, end Atmospheric Administration
`s �e NATIONAL OCEAN SERVICE
.$ 4 National Geodetic Survey Exhibit 3a
ttirrs of r
Silver Soring, Maryland 209903292
SEP 9 2003
Ms. Victoria J. Rutson
Chief, Section of Environmental Analysis
Surface Transportation Board
1925 K Street, N.W.
Washington, D.C. 20423-0001
Dear Ms. Rutson:
The area in question on the map with the Environmental and Historic Reports for the proposed
rail line abandonment of Great Western Railway of Colorado, LLC for 11.7 miles of rail line
between Milepost 30.8 near Windsor, and Milepost 42.5 near Eaton, Weld County, Colorado,
STB Docket No. AB-857 SDM (Sub-No. 1X), has been reviewed within the areas of National
Geodetic Survey (NGS) responsibility and expertise and in terms of the impact of the proposed
actions on NGS activities and projects.
As a result of this review, 2 geodetic station markers have been identified that may be affected by
the proposed abandonment; a listing of these markers is enclosed. Additional information about
these station markers can be obtained via the Internet or NGS CD-ROM. A fact sheet for these
two data retrieval methods is enclosed. If there are any planned activities which will disturb or
destroy these markers, NGS requires not less than 90 days notification in advance of such
activities in order to plan for their relocation.
If further information is needed for this geodetic marker, contact Mr. Frank C. Maida.
His address is NOAA, N/NGS2, Room 8736, 1315 East-West Highway, Silver Spring,
Maryland 20910-3282, telephone: 301-713-3198, fax: 301-713-4324, e-mail:
Frank.Mai daa no aa.g o v.
'ncerely,
Richard A. Snay 7
Chief, Spatial Reference System Division
Enclosures
cc: N/NGSI - G. Mitchell
Mike Ogbom, Great Western Railway of Colorado, LLC
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GREAT WESTERN RAILWAY OF COLORADO, LLC
BETWEEN WINDSOR AND EATON, WELD COUNTY, COLORADO
STB DOCKET NO. AB-857 SDM(SUB-NO. 1X)
2 GEODETIC CONTROL MARKS IN THE PROPOSED ABANDONMENT AREA
PIDS DESIGNATION LATITUDE LONGITUDE
LL0262 P 136 N402834 W1045310
LL0278 Z 208 N403148 W1044241
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• National Geodetic Survey - News Flash!
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GEODETIC DATA AVAILABLE FREE ON THE INTERNET
Are you interested in getting the most current position, height, and
descriptive information for all the geodetic control points in the National
Spatial Reference System? Are you interested in getting this information
immediately, free of cost, and whenever you want it? With an Internet
connection, this information is yours to download.
The National Geodetic Survey's (NGS) data sheet contains position, height,
and descriptive information for approximately 750,000 control points
throughout the United States. The data sheet provides:
• The geodetic coordinates and the orthometric height for each point
• The horizontal and vertical datums on which the information is based
• State plane coordinates and Universal Transverse Mercator coordinates
• Modeled geoid height, ellipsoidal height, modeled gravity, and Laplace correction
• A description of the station's location and how to reach it
To obtain his information, set your Web browser to
http://www.ngs.naaa.gov/products_services.html
For more information contact:
NOAA, National Geodetic Survey, N/NGS12
1315 East-West Highway, Station 09202
Silver Spring, MD 20910
Telephone: (301) 713-3242; Fax: [301) 713-4172
Monday through Friday, 7:00 a.m. - 4:30 p.m., Eastern Time
http.//www.ngs.noaagov
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NGS: Tying America Together
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1
GREAT WESTERN RAILWAY Exhibit 4
OF COLORADO,L.L.C.
P.O.Box 537 Zip 80539
950 Taylor Avenue
Loveland,Colorado 80538
Telephone 970-667-6883
Fax 970-667-1444 Omni
Mobile 970-567-1388
http://www.omnitrax.com
August 8, 2003
Natural Resources Conservation Service
State Conservationist
655 Parfet Street, Room E200C
Lakewood, Colorado 80215-5517
Re: Docket No. AB-857 SDM (Sub-No. 1x), Great Western Railway of Colorado. LLC
Notice of Exemption to Abandon 11.7 Miles of Trackage in Weld County, Colorado
To Whom It May Concern:
Great Western Railway of Colorado, LLC ("GWRCO") plans to file a Notice of
Exemption with the Surface Transportation Board to abandon approximately 11.7 miles
of trackage in Weld County, Colorado. A narrative description of the proposed
abandonment is attached to this letter.
49 CFR §1105.7(e)(8)(ii) states, "Based upon consultation with the U.S. Soil
Conservation Service, state the effects of the proposed action on any prime agricultural
land." GWRCO would appreciate your review of the proposed abandonment as required
by the regulation. GWRCO will include your response in the Environmental Report
prepared for this abandonment and will send a copy of that report to the National Park
Service. To facilitate your reply, a stamped, addressed envelope is enclosed for your use.
Please feel free to contact me at (303) 393-0033, at my e-mail address, which is
moebornia),omnitrax.com, or at 252 Clayton Street, 4th Floor, Denver, Colorado 80206, if
you have any questions concerning this matter.
Sincerely,
Mike Ogborn` -
Manager, Great Western Railway of Colorado. LLC
•
United States Department of Agriculture Exhibit 4a
NS
Natural Resources Conservation Service 720-544-2818-Office
720-544-2965-Fax
655 Parfet Street,Room E200C www.co.nrcs.usda.gov
Lakewood,Colorado 80215 tom.weber@co.usda.gov
August 13, 2003 File Code: 310-0
Mike Ogborn
Manager, Great Western Railway of Colorado, LLC
252 Clayton Street
Denver, CO 80206
RE: Docket No. AB-857 SDM (Sub-No. 1X), Great Western Railway of Colorado, LLC
Notice of Exemption to Abandon 11.7 Miles of Trackage in Weld County, Colorado.
After review of the proposed abandonment of approximately 11.7 miles of trackage in
Weld County, Colorado, it was determined the proposed action will not impact any
prime agricultural land.
Sincerely,
Thomas J. Weber
Assistant State Soil Scientist •
Cc: Cameron Loerch, MO/SSS
The Natural Resources Conservation Service provides leadership in a partnership effort to help people
conserve,maintain,and improve our natural resources and environment.
An Equal Opportunity Provider and Employer
GREAT WESTERN RAILWAY Exhibit 5
OF COLORADO,L.L.C.
P.O.Box 537 Zip 80539
950 Taylor Avenue
Loveland,Colorado 80538
Telephone 970-667-6883
Fax 970-667-1444 . , A ®
Omni
Mobile 970-567-1388
hrtp://vw.omnitrax.com
August 6, 2003
United States Fish and Wildlife Service
P.O. Box 25486
Denver Federal Center
Denver, Colorado 80225
Re: Docket No. AB-857 SDM (Sub-No. 1X), Great Western Railway of Colorado, LLC
Notice of Exemption to Abandon 11.7 Miles of Trackage in Weld County, Colorado
To Whom It May Concern:
Great Western Railway of Colorado, LLC ("GWRCO") plans to file a Notice of
Exemption with the Surface Transportation Board to abandon approximately 11.7 miles
of trackage in Weld County, Colorado. A narrative description of the proposed
abandonment is attached to this letter.
49 CFR §1105.7(e)(8)(i) states, "Based upon consultation with the U.S. Fish & Wildlife
Service, state the effects of the proposed action is likely to adversely affect endangered
and threatened species or areas designated as a critical habitat, and, if so, describe the
effects." GWRCO would appreciate your review of the proposed abandonment as
required by the regulation. GWRCO will include your response in the Environmental
Report prepared for this abandonment and will send a copy of that report to the National
Park Service. To facilitate your reply, a stamped, addressed envelop is enclosed for your
use.
Please feel free to contact me at (303) 393-0033, at my e-mail address, which is
mogborn,( ornnitrax.com, or at 252 Clayton Street, 4th Floor, Denver, Colorado 80206, if
you have any questions concerning this matter.
Sincerely,
Mike Ogborn --
Manager, Great Western Railway of Colorado, LLC
GREAT WESTERN A_ALWAY Exhibit 6
OF COLORADO,L.L.C.
P.O.Box 537 Zip 80539
950 Taylor Avenue
Loveland,Colorado 80538
Telephone 970-667-6883
Fax 970-667-1/111 Oinm •
Mobile 970-567-1383
brtp://www.onataitrax.com
August 8, 2003
National Park Service
Recreational Resources Assistance Division
1849 C Street,N.W.
Washington, D.C. 20240-0001
Re: Docket No. AB-857 SDM (Sub-No. lx), Great Western Railway of Colorado, LLC
Notice of Exemption to Abandon 11.7 Miles of Trackage in Weld Count-v. Colorado
To Whom It May Concern:
Great Western Railway of Colorado, LLC ("GWRCO") plans to file a Notice of
Exemption with the Surface Transportation Board to abandon approximately 11.7 miles
of trackage in Weld County, Colorado. A narrative description of the proposed
abandonment is attached to this letter.
GWRCO would appreciate your assistance in identifying the existence of any wildlife
sanctuaries or refuges, national or state parks or forests in the area of the proposed
abandonment as required by 49 CFR §1105.7(e)(8)(ii). GWRCO will include your
response in the Environmental Report prepared for this abandonment and will send a
copy of that report to the National Park Service. To facilitate your reply, a stamped,
addressed envelope is enclosed for your use.
Please feel free to contact me at (303) 393-0033, at my e-mail address, which is
mogbom(onmritrax.com, or at 252 Clayton Street, 4th Floor, Denver, Colorado 80206, if
you have any questions concerning this matter.
Sincerely,
r,)".cam,-- -`_
Mike Ogborn0
Manager, Great Western Railway of Colorado, LLC
Exhibit 7
OimuTRAX, INC.
252 Clayton Street
Denver, CO 80206
Telephone 303-393-0033
Fax 303-393-0041 Omni • 4 A
wFw.omn!trax.com
August 8, 2003
Colorado Public Health and Environment Department
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Re: Docket No. AB-857 SDM (Sub-No. 1X), Great Western Railway of Colorado. LLC
Notice of Exemption to Abandon 11.7 Miles of Trackage in Weld County. Colorado
To Whom It May Concern:
Great Western Railway of Colorado, LLC ("GWRCO") plans to file a Notice of
Exemption with the Surface Transportation Board to abandon approximately 11.7 miles
of trackage in Weld County, Colorado. A narrative description of the proposed
abandonment is attached to this letter.
49 CFR §1105.7(e)(9)(i) states, "Based upon 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." GWRCO would appreciate
your review of the proposed abandonment as required by the regulation. GWRCO will
include your response in the Environmental Report prepared for this abandonment and
will send a copy of that report to you. To facilitate your reply, a stamped, addressed
envelope is enclosed for your use.
Please feel free to contact me at (303) 393-0033, at my e-mail address, which is
: o_bom;:Uomnitrax.com or at 252 Clayton Street, 4t'' Floor, Denver, Colorado 80206, if
you have any questions concerning this matter.
Sincerely,
Mike Ogbom
Manager, Great Western Railway of Colorado,LLC
GREAT WESTERN- _...LWAY
Exhibit 8
OF COLORADO,L.L.C.
P.O.Box 537 Zip 80539
950 Taylor Avenue
Loveland,Colorado 80538
Telephone 970-667-6883 OnilOs
Fax 970-667-1444 •
Ad
Mobile 970-567-1388
http://www.omnitrex.com
August 8, 2003
U.S. Army Corps of Engineers
106 South 15th Street
Omaha,Nebraska 68102-1618
Re: Docket No. AB0857 SDM (Sub-No. 1X), Great Western Railway of Colorado, LLC
Notice of Exemption to Abandon 11.7 Miles of Trackage in Weld County. Colorado
To Whom It May Concern:
Great Western Railway of Colorado, LLC ("GWRCO") plans to file a Notice of
Exemption with the Surface Transportation Board to abandon approximately 11.7 miles
of trackage in Weld County, Colorado. A narrative description of the proposed
abandonment is attached to this letter.
49 CFR §1105.7(e)(9)(ii) indicates that abandonment applicants should contact your
agency to determine if permits under Section 404 of the Clean Water Act (33 U.S.C.
1344) are required for the proposed action and to determine whether any designated
wetlands or 100-year flood plains will be affected. GWRCO would appreciate your
review of the proposed abandonment as required by this regulation. Your response will
be included in the Environmental Report prepared for this abandonment and GWRCO
will send a copy of it to you. To facilitate your reply, I have enclosed a self-addressed,
stamped envelope for your use.
Please feel free to contact me at (303) 393-0033, at my e-mail address, which is
moaborn@oimutrax.eom or at 252 Clayton Street, 4th Floor, Denver, Colorado 80206, if
you have any questions concerning this matter.
Sincerely,
Mike Ogborn
Manager, Great Western Railway of Colorado,LLC
Exhibit 8a
� DEPARTMENT OF THE ARMY
1177\ CORPS OF ENGINEERS, OMAHA DISTRICT
�I 106 SOUTH 15TH STREET
OMAHA,NEBRASKA 68102-1618
September 4, 2003
REPLY TO:
Planning,Programs and Project Management Division
Mr. Mike Ogbom, Manager •
Great Western Railway of Colorado, LLC
950 Taylor Avenue
P.O. Box 80539
Loveland, Colorado 80538
Dear Mr. Ogbom:
We have reviewed your letter dated August 6,2003 regarding the proposed abandonment of
trackage in Weld County, Colorado, Ref. Docket No. AB0857 SDM (Sub-No. 1X), and we offer the
following comments.
If the abandoned railway embankment is used as or is part of a Federal flood control project, it
should be ensured that the abandoned railway portion of the embankment is maintained to protect the
integrity of the Federal flood control project.
Your plans should be coordinated with the U.S. Environmental Protection Agency, which is
currently involved in a program to protect groundwater resources.
If you have not already done so, we recommend that you consult with the U.S. Fish and Wildlife
Service and Colorado Division of Wildlife regarding fish and wildlife resources. In addition, the
Colorado State Historic Preservation Office should be contacted for information and recommendations on
potential cultural resources in the project area.
If construction activities involve any work in waters of the United States, a Section 404 permit
may be required. For a detailed review of permit requirements, final project plans should be sent to:
Mr. Tim Carey
Tri Lakes Project Office
U.S. Army Corps of Engineers
9307 Colorado State Highway#121
Littleton, Colorado 80123-6901
If you have any questions, please contact Mr.Tim Fleeger at(402) 221-3069. Thank you for the
opportunity to review this proposal.
Sincerely,
)blnZD
Candace Gorton
Chief, Environmental, Economics and Cultural
Resources Section
Planning Branch
Exhibit 9
am "'
gi
'i'
OmniTRAX, INC.
252 Clayton Street
Denver, CO 80206
Telephone 303-393-0033
Fax 303-393-0041 Onip/
w ww.omnitrax.com
August 8, 2003
United States Environmental Protection Agency
999 18th Street, Suite 300
Denver, Colorado 80202-2466
Re: Docket No. AB-857 SDM (Sub-No. 1X), Great Western Railway of Colorado. LLC
Notice of Exemption to Abandon 11.7 Miles of Trackage in Weld County. Colorado
To Whom It May Concern:
Great Western Railway of Colorado, LLC planc to file a Notice of Exemption with the
Surface Transportation Board to abandon approximately 11.7 miles of trackage in Weld
County, Colorado. A narrative description of the proposed abandonment is attached to
this letter.
49 CFR §1105.7(e)(9)(iii) provides that abandonment applicants should contact your
agency to determine if permits under Section 402 of the Clean Air Act (33 U.S.C. 1342)
are required for the proposed action. GWRCO would appreciate your review of the
proposed abandonment as required by the regulation. Your response will be included in
the Environmental Report prepared for this abandonment and a copy of the report will be
mailed to you. To facilitate your reply, I have enclosed a stamped, addressed envelope
for your use.
Please feel free to contact me at (303) 393-0033, at my e-mail address, which is
mo-zborni@omnitrax.com or at 252 Clayton Street, 4th Floor, Denver, Colorado 80206, if
you have any questions concerning this matter.
Sincerely,
Mike Ogborn
Manager, Great Western Railway of Colorado,LLC
SUPPLEMENTAL HISTORIC REPORT
(49 CFR SECTION 1105.8)
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 Eaton
Subdivision located between milepost 30.8 near Windsor, Colorado and milepost 42.5
near Eaton, Colorado, totaling approximately 11.7 miles (the "Line"). Upon receipt of
abandonment authority, GWRC intends to remove the rail, track materials, and cross ties.
There are currently no plans to remove any of the bridge structures on the Line.
The Line has not been used for local or overhead traffic for in excess of ten years and no
maintenance has been performed on any portion of the Line. 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 or 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.
A map showing the route of the Line proposed for abandonment is attached as Exhibit 1.
The Line proposed for abandonment is highlighted on the map. There are four (4)
bridges on the Line that are fifty years old or older. All of these bridges are open deck
timber pile or timber frame trestle bridges. They are of ordinary railroad construction.
None is of historic value or significance. No other structures or buildings on the Line are
fifty years or older.
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 right-of-way on the Line proposed for abandonment traverse predominantly rural,
rolling plains. The basic rail corridor right-of-way is approximately 80 feet in width for
the majority of the length of the Line.
The portion of the Eaton Branch that GWRC seeks to abandon begins at milepost 30.8
near Windsor, Colorado (population 5,062) and extends northeast to Eaton, Colorado
(population 1,959). This Line passes through Severance (population unknown).
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.
Photographs of the bridges are attached as Exhibit 2.
4. The date(s) of construction of the structure(s), and extent of any major
alterations, to the extent such information is known.
The construction dates of the bridges, to the extent such information is known, are as
follows:
Bridge Number Length Type Spans Year Built
31.55 48.4 feet OPDT' 3 1939
31.99 62.9 feet ODPT 4 1943
ODPT refers to an open deck timber pile bridge.
2
35.89 14.0 feet ODWS2 1 unknown
36.06 309.8 feet ODPT 20 unknown
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
in 1901 primarily to transport sugar beets. This Line has not been used for any service
since at least 1990, when Union Pacific Railroad Company removed the interlocker at
Eaton. Because no traffic has moved over this Line in over 10 years, the proposed
abandonment will not result in any change in rail operations.
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 CFR 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. The bridges are of common
railroad construction with no historic or architectural significance.
On August 19, 2003, GWRC sent a letter to the Colorado Historical Society (the
"Society") eliciting its views on the proposed abandonment. The Society responded on
August 27, 2003, indicating abandonment of the Eaton Subdivision would have no
adverse effect on the rail line provided certain measures were taken. It also said the Line
was determined to be eligible for listing in the National Register of Historic Places and
that several rail sidings were determined to be National Register-eligible in 1989.
Attached to this Report as Appendix 1 is GWRC's letter to the Society and its response is
attached as Appendix 1A.
First, notwithstanding those two determinations referenced by the Society, to GWRC's
knowledge, neither the subdivision nor the sidings were ever in fact listed in the National
Register of Historic Places. Second, the grade of the rail bed will not be changed during
2 ODWS refers to an open deck wood span bridge.
3 It is assumed these bridges were constructed at or about the same time as the other two bridges. Thus,
GWRC assumes they are 50 years or older.
3
the track removal process. Third, as requested by the Society, GWRC has taken black
and white photographs of the bridges and sidings and will supply them to the Society.
8. A opinion (based on readily available information in the railroad's
possession) of any prior sub-surface 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), and the
surrounding terrain.
There are no existing records about 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 non-railroad owned properties or groups of properties immediately
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).
GWRC does not foresee any likelihood that any additional information will need to be
supplied in association with the proposed Line abandonment. If any additional
information is requested, GWRC will promptly supply it.
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OF COLORADO,LL.c. Appendix 1
P.O.Box 537 Zip 80539
950 Taylor Avenue
Loveland,Colorado 80538
Telephone 970-6674883
Fax 970-667-]444 ,
Mobile 970-567-1388 Omni •
http://www.ornnitrax.com
August 19, 2003
Colorado Office of Archeological & Historic Preservation
1300 Broadway
Denver, Colorado 80203
Re: Docket No. AB-857 SDM (Sub-No. 1X), Great Western Railway of Colorado. LLC
Notice of Exemption to Abandon 11.7 Miles of Trackage in Weld County. Colorado
To Whom It May Concern:
Great Western Railway of Colorado, LLC ("GWRCO") plans to file a Notice of
Exemption with the Surface Transportation Board to abandon approximately 11.7 miles
of trackage in Weld County, Colorado. I have attached a narrative description of the
proposed abandonment to this letter.
Pursuant to the requirements of 49 CFR §1105.8(c), GWRCO is enclosing its Historic
Report concerning the captioned abandonment.
Please feel free to contact me at (303) 393-0033, at my e-mail address, which is
mogbornna,omnitrax.com, or at 252 Clayton Street, 4th Floor, Denver, Colorado 80206, if
you have any questions concerning this matter.
Sincerely,
Mike Ogborn -'
Manager, Great Western Railway of Colorado, LLC
Appendix la
Leval"-
COIORADO
HISTORICAL
SOCIETY
The Colorado History Museum 1300 Broadway Denver,Colorado 80203-2137
27 August 2003
Mike Ogborn,Manager
Great Western Railway of Colorado, LLC.
P.O. Box 537
550 Taylor Ave.
Loveland, CO 80538
RE: Docket No. AB-857 SDM(Sub-No. IX), Great Western Railway of Colorado, LLC,Notice
of Exemption to Abandon 11.7 Miles of Trackage in Weld County, Colorado
Dear Mr. Ogbom:
Thank you for your recent correspondence dated 19 August 2003, concerning the proposed
abandonment of the Great Western Railway's Eaton Subdivision rail line. Our office has
reviewed the submitted materials. In 1998, this segment of the GWRCO line was determined to
be eligible for listing in the National Register of Historic Places. In addition, there are several rail
sidings that were determined to be National Register-eligible in 1989.
Abandonment of the line and removal of the trackage will have no adverse effect on the rail line,
provided that the following measures are taken:
1) The grade of the railroad bed should not be changed during the track removal process.
Road-rail crossings can be altered if removal of the tracks and rails creates a travel hazard for
road vehicles.
2) The four bridges on the line(BR.31.55, BR.31.99,BR.35.89, and BR.36.06)must be
photographed prior to track removal,using black and white film. One set of prints must be
forwarded to our office for our records.
3) There are five rail sidings along this corridor. They were originally used to load goods onto
the passing freight trains. These five sidings are at Bruce, Severance,Hurrich,Tuber, and
Gates. These five rail sidings must be photographed using black and white film prior to track
removal. One set of prints must be forwarded to our office for our records. These sidings
were last surveyed in 1989. If no structures remain at the present,please supply a black and
white photograph of the vacant site with an explanatory note.
OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION
303-866-3392*Fax 303-866-2711 *E-mail: oahp@chs.state.co.us*Internet:www.coloradohistory-oahp.org
- 1 -
4) In the future, if the bridge superstructures or railroad embankment are to be
altered/demolished,you will need to consult with our office.
If you have any questions, please feel free to contact Joseph Saldibar, Architectural Services
Coordinator, at(303) 866-3741.
Sincerely,
�'� 'YV\o A A-)
((c'c 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@chs.state.co.us*Internet:http://www.copin.org
-2-
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