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Home My WebLink About20011386.tiff UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT 101 NORTH WACKER DRIVE,SUITE 1920 CHICAGO,ILLINOIS 60606 FAX NO.312-853-8465 RONALD J.CUCHNA GEORGE H.BRANT GENERAL SOLICITOR UNION 312-853-8451 312-853-8440 PACIFIC THOMAS W.CUSHING I I I I I I 312-853-8453 FREDERICK P.JOHNSTON,JR. 312-853-8447 DANIEL R.LA FAVE 312-853-8446 LINDA P.COYLE 312-853-8456 MACK H.SHUMATE,JR. 312-853-8455 May 21, 2001 VIA UPS OVERNIGHT DELIVERY Surface Transportation Board Section of Environmental Analysis 1925 "K" Street, N.W. Room 504 Washington, DC 20423-0001 Attention: Elaine Kaiser RE: Docket No. AB-33 (Sub-No. 182X), Union Pacific Railroad Company - Discontinuance Exemption - In Weld and Boulder Counties, CO (Boulder Industrial Lead near Valmont, CO) Dear Ms. Kaiser: Enclosed for filing in the above-referenced docket is the original and ten (10) copies of a Combined Environmental and Historic Report prepared pursuant to 49 C.F.R. §1105.7 and §1105.8, with a Certificate of Service, and a transmittal letter pursuant to 49 C.F.R. §1105.11. Union Pacific anticipates filing a Petition for Exemption in this matter on or after June 12, 2001. Sincerely • JPG/mls Ma k H. Shumate, Jr. Enclosures Senior General Attomey CDi9S6ii/ ugeAv"t S-3o-.2 cci /9C. id'/&) 2001-1386 cc: w/enclosures State Clearinahouse(or alternate): Colorado Public Utilities Commission 1580 Logan Street Office Level 2 Denver,CO 80203 State Environmental Protection Aaencv: Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver,CO 80246 State Coastal Zone Manaaement Aaencv fif applicable): Not applicable. Head of each County: Weld County Commissioners 915 10th Avenue Greeley,CO 80631 Boulder County Commissioners 1325 Pearl Sheet Boulder, CO 80302 Environmental Protection Aaencv freaional office): U.S. Environmental Protection Agency Region VIII 999 18th Street,Suite 500 Denver,CO 80202-2466 U.S. Fish and Wildlife: U.S. Fish&Wildlife Service, Region 6 P.O. Box 25486 Denver Federal Center Denver,CO 80225 U.S.Army Corns of Enaineers: U.S.Army Engineer District Missouri River P. O. Box 103 Downtown Station Omaha, NE 68101-0103 National Park Service: William D. Shaddox Chief, Land Resources Division National Park Service 800 North Capitol Street, NE., Room 500 Washington, D.C.20002 U.S. Natural Resources Conservation Service: Natural Resource Conservation Service 4300 Cherry Creek Drive South Denver, CO 80246 National Geodetic Survey: National Geodetic Survey Edward J.McKay, Chief Spatial Reference System Division NOM N/NGS2 1315 E-W Highway Silver Spring, MD 20910-3282 State Historic Preservation Office: Colorado Archeology and Historic Preservation Office 1300 Broadway Denver, CO 80203 UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT 101 NORTH WACKER DRIVE,SUITE 1920 CHICAGO,ILLINOIS 60608 RONALD J.CUCHNA FAX NO.312-853-8465 GENERAL SOLICITOR GEORGE H.BRANT 312-853-8440 UNION 312-853-8451 PACIFIC THOMAS W.CUSHING I I I I I I 312-853-8453 FREDERICK P.JOHNSTON,JR. 312-853-8447 May , 01 DANIEL R.LA FAVE 312-853-8446 LINDA P.COYLE State Clearinghouse(or alternate): 312-853-8458 Colorado Public Utilities Commission MACK H.SHUMATE,JR. 1580 Logan Street 312-853-8455 Office Level 2 Denver,CO 80203 State Environmental Protection Aaency: Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver,CO 80246 State Coastal Zone Manaaement Agency (if applicable): Not applicable. Head of each County: Weld County Commissioners 915 10th Avenue Greeley,CO 80631 Boulder County Commissioners 1325 Pearl Street Boulder, CO 80302 Environmental Protection Agency (reaional office): U.S. Environmental Protection Agency Region VIII 999 18th Street,Suite 500 Denver,CO 80202-2466 U.S.Fish and Wildlife: U.S. Fish&Wildlife Service, Region 6 P.O. Box 25486 Denver Federal Center Denver, CO 80225 U.S.Army Corns of Enaineers: U.S.Army Engineer District Missouri River P. O. Box 103 Downtown Station Omaha, NE 68101-0103 National Park Service: William D. Shaddox Chief, Land Resources Division National Park Service 800 North Capitol Street, NE., Room 500 Washington, D.C.20002 U.S.Natural Resources Conservation Service: Natural Resource Conservation Service 4300 Cherry Creek Drive South Denver, CO 80246 National Geodetic Survey: National Geodetic Survey Edward J. McKay, Chief Spatial Reference System Division NOAA N/NGS2 1315 E-W Highway Silver Spring,MD 20910-3282 State Historic Preservation Office: Colorado Archeology and Historic Preservation Office 1300 Broadway Denver,CO 80203 2 Re: Docket No.AB-33(Sub-No. 182X), Union Pacific Railroad Company -Discontinuance Exemption —In Weld and Boulder Counties,CO (Boulder Industrial Lead near Valmont,CO) Dear Sirs: On or after June 12,2001,we expect to be filing with the Surface Transportation Board (STB or Board)a Petition for Exemption seeking authority to discontinue operations over the Boulder Industrial Lead from milepost 18379 near Eagle Mine to milepost 31.0 near Valmont,Colorado,a distance of 12.21 miles, in Weld and Boulder Counties,Colorado (the"Line"). The Line traverses U. S. Postal Service Zip Codes 80026, 80303,and 80516. Attached is a Combined Environmental and Historic Report which describes the proposed action and any expected environmental and historic effects, as well as a map of the affected area. We are providing this report so that you may review the information that will form the basis for the STB's independent environmental analysis 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 Board's environmental review process, please contact the Section of Environmental Analysis (SEA) at the following address, and refer to the above-referenced Docket Numbers: Surface Transportation Board Section of Environmental Analysis(SEA) 1925 K Street, N.W., Room 504 Washington, D.C.20423-0001 Telephone (202)565-1545 Because the applicable statutes and regulations impose stringent deadlines for processing this action,your written comments to SEA(with a copy to our representative)would be appreciated within three weeks. Your comments will be considered by the Board in evaluating the environmental and/or historic preservation impacts of the contemplated action. If there are any questions concerning this proposal, please contact our representative directly at the addresses and telephone numbers indicated below. Sincerely 407 „ Mac H.Shumate,Jr,. Senior General Attorney O: \ABANDO-1\33-182X\33SUB182 .ENV3 Before the SURFACE TRANSPORTATION BOARD Docket No. AB-33 (Sub-No. 182X) UNION PACIFIC RAILROAD COMPANY -- DISCONTINUANCE OF SERVICE EXEMPTION -- IN WELD AND BOULDER COUNTIES, CO (BOULDER INDUSTRIAL LEAD NEAR VALMONT, CO) Combined Environmental and Historic Report UNION PACIFIC RAILROAD COMPANY Mack H. Shumate, Jr., Senior General Attorney 101 North Wacker Drive, Room 1920 Chicago, Illinois 60606 (312) 853-8455 (312) 853-8465 FAX Dated: May 22, 2001 Before the SURFACE TRANSPORTATION BOARD Docket No. AB-33 (Sub-No. 182X) UNION PACIFIC RAILROAD COMPANY — DISCONTINUANCE OF SERVICE EXEMPTION -- IN WELD AND BOULDER COUNTIES, CO (BOULDER INDUSTRIAL LEAD NEAR VALMONT, CO) Combined Environmental and Historic Report Union Pacific Railroad Company ("UP") submits this Combined Environmental and Historic Report pursuant to 49 C.F.R. § 1105.7(e) and 49 C.F.R. § 1105.8(d), respectively, for an exempt discontinuance of service from milepost 18.79 near Eagle Mine to milepost 31.0 near Valmont, Colorado, a distance of 12.21 miles, over the Boulder Industrial Lead in Weld and Boulder Counties, Colorado (the "Line"). The Line traverses U. S. Postal Service Zip Codes 80026, 80303, and 80516. The applicant anticipates that a Petition For Exemption to discontinue service on the Line will be filed at the STB on or after June 12, 2001. A map of the Line is attached as Attachment No. 1. UP's letter to federal, state and local government agencies is marked Attachment No. 2. Responses received to the letter to date are attached and sequentially numbered as indicated below. ENVIRONMENTAL REPORT 49 C.F.R. § 1105.7(e) (1) Proposed action 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 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. Response: The proposed action involves the discontinuance of service over the Boulder Industrial Lead from milepost 18.79 at Eagle Mine to Milepost 31.0 near Valmont, a distance of 12.21 miles in Weld and Boulder Counties, Colorado. Currently, D. J. Joseph Company ("D. J. Joseph") operates a materials sorting and storage operation just west of Interstate 1-25 at a station area known as Eagle Mine under contract with UP. D. J. Joseph leases its land from a scrap company, Columbine Iron & Metal Company ("Columbine"), but owns its spur track. This facility is to be relocated off line by mid- September, 2001. Columbine has itself been a UP customer, utilizing D. J. Joseph's track for its business. UP does not intend to dispose of any of the property included in the discontinuance of service, and there will be no salvage activity. The Line was constructed in 1871 and 1873 by the Denver & Boulder Valley Railroad Company. It is currently constructed primarily with 131 and 133 pound jointed rail. A map of the Line is attached as Attachment No. 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 or freight) that will be diverted to other transportation systems or modes as a result of the proposed action. Response: The Line has had two recent sources of continuous rail activity. First, D. J. Joseph, a contractor at a station known as Eagle Mine, has operated a metals storage and reshipment center. The relocation of this activity to another rail location in Utah should be completed by the mid-September, 2001. Second, Columbine has utilized the D. J. Joseph spur to handle rail movements of scrap metal. Columbine's property has been and is currently on the market for sale, and the most recent shipping activity was in 2 January, 2001. After D. J. Joseph relocates its operations to Utah, Columbine will lack any spur of its own. Accordingly, it is questionable that any rail traffic would be generated in the future by either D. J. Joseph or Columbine. However, even if one utilizes the customers year 2000 volume of 17 cars and assumes a truck to rail car ratio of four to one, the resulting 136 loaded and empty truck movements per year would have a negligible impact on area roads and traffic patterns, particularly given D. J. Joseph's and Columbine's current proximity to Interstate 25. (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 consultation with the U.S. Soil Conservation Service, state the effect of the proposed action on any prime agricultural land. (iii) If the action effects 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. Response: (i) Applicant is unaware of any adverse effects on local and existing land use plans. The Weld County Commissioners and the Boulder County Commissioners have been contacted. To date no response has been received. (ii)The United States Natural Resources Conservation Service has been contacted. To date the applicant has received no response. (iii) The Line is not in a state coastal zone. (iv) Not applicable. (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. 3 (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 the data and methodology used to arrive at the figure given. Response: (i) There will be no effect on the transportation of energy resources. (ii) Recyclable commodities moving over the Line consist of scrap metal materials. The great majority of these metal/scrap materials are comprised of UP generated scrap metal which will be handled at another rail point on the UP by D. J. Joseph in Utah as of mid-September, 2001. (iii) Because there is little if any change in rail activity that could be attributed to the proposed action, there should be no discernible effect on energy efficiency. (iv)(A)(B) There will be no rail-to-motor diversion of these magnitudes. (5) Air. (i) If the proposed action will result in either (A) an increase in rail traffic of at least 100% (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% (measured by carload activity), or (C) an average increase in truck traffic of more than 10% 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 §§ (5)(i)(A) will apply. 4 Response: There is no such effect anticipated. (5) Air. (ii) If the proposed action affects a class 1 or nonattainment area under the Clean Air Act, and will result in either: (A) an increase in rail traffic of at least 50% (measured in gross ton miles annually) or an increase of at least three trains a day on any segment of rail line, or (B) an increase in rail yard activity of at least 20% (measured by carload activity), or (C) an average increase in truck traffic of more than 10% 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, fora 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. Response: There will be no increase in rail traffic, rail yard activity, or truck traffic of such magnitude as a result of the proposed action. (5) Air. (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. Response: The proposed action 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. Response: 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 any speed restrictions); the applicant's safety record (to the extent available) on derailments, s • 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. Response: (i) The proposed action will have no detrimental effects on public health and safety. (ii) The proposed action will not affect the transportation of hazardous materials. (iii) There are no known hazardous material waste sites or sites where known hazardous material spills have occurred on or along the subject right-of-way. (8) Biological resources. (i) Based on consultation 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 a 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. Response: (i) The U. S. Fish and Wildlife Service has been contacted. To date the applicant has received no response. (ii) Applicant is not aware of any wildlife sanctuaries or refuges, or of any National or State parks or forests, that will be affected by the proposed discontinuance. (9) Water. (i) Based on consultation with 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 U.S. 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. (Applicant 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.) Response: (i) The Natural Resource Conservation Service has been contacted. To date the applicant has received no response. 6 (ii) The U.S. Army Corps of Engineers has been contacted. To date no response has been received; however, since there is no salvage activity, it is not anticipated Section 404 permits will be required. (iii) It is not anticipated there will be any requirements for Section 402 permits since there is no salvage activity. (10) Proposed Mitigation. Describe any actions that are proposed to mitigate adverse environmental impacts, indicating why the proposed mitigation is appropriate. Response: There are no known adverse environmental impacts. HISTORIC REPORT 49 C.F.R. § 1105.8(dl (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 old or older and are part of the proposed action: Response: See Attachment No. 1. (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: Response: UP does not intend to sell the property associated with the proposed discontinuance. (3) Good quality photographs (actual photographic prints, not photocopies) of railroad structures on the property that are 50 years old or older and of the immediately surrounding area: Response: Original photographs of two (2) bridges 50 years old or older were sent to the Colorado Archeology and Historic Preservation Office by letter, a copy of which is attached as Attachment No. 3. 7 • (4) The date(s) of construction of the structure(s), and the date(s) and extent of any major alterations to the extent such information is known: Response:The bridges and their dates of construction are listed on the map, Attachment No. 1, and in the letter, Attachment No. 3. Due to the widening of Interstate 25 by the Colorado Department of Transportation, the bridge complex at milepost 18.8 will be removed and will only be replaced in the future if it is determined that rail service can be economically resumed. Note that only a portion of the bridge complex at milepost 18.8 is over 50 years old, moreover, the entire structure is scheduled to be removed and replaced by a new bridge in the event discontinuance is not granted by the Surface Transportation Board. This is due to the widening of Interstate 25 where it crosses under the Line. (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: Response: See the preceding pages for a brief history and description of carrier 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: Response: UP believes bridge drawings are available. (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): Response: At this time, UP knows of no historic sites or structures or archeological resources on the Line or in the project area. Donald D. Snoddy, Manager- Museum Services for the UP, has reviewed the bridge photographs and indicated that the bridges on the Line over fifty years old are not historically significant. Furthermore, the bridge at milepost 23.66 will remain in place. Typically timber pile trestles, whether open deck, bridge deck, or thru plate girder in style as are found on the Line are common standard railroad construction, and as such the bridges on this Line are of little historical 8 • significance. Mr. Snoddy also indicates that any archeological sites within the scope of the right-of-way would have previously been disturbed during the construction of the Line. (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 wastes), and the surrounding terrain: Response: Applicant does not have any such readily available information. (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 group 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 locations and type of the site (i.e., prehistoric or native American): Response: Not applicable. Dated this 22nd day of May, 2001. Respectfully submitted, 2,7:6/e UNION PACIFIC RAILROA COMPANY Mack H. Shumate, Senior General Attorney Room 1920, 101 North Wacker Drive Chicago, IL 60606 (312) 853-8455 (312) 853-8465 FAX 9 CERTIFICATE OF SERVICE OF THE COMBINED ENVIRONMENTAL AND HISTORIC REPORT The undersigned hereby certifies that a copy of the foregoing Combined Environmental and Historic Report in Docket No. AB-33 (Sub-No. 182X) for the Boulder Industrial Lead in Weld and Boulder Counties, Colorado was served by first class mail on the 22nd day of May, 2001 on the following: State Clearinghouse(or alternate): U.S.Army Corps of Engineers: Colorado Public Utilities Commission U.S.Army Engineer District 1580 Logan Street Missouri River Office Level 2 P. O. Box 103 Downtown Station Denver, CO 80203 Omaha,NE 68101-0103 State Environmental Protection Aaencv: National Park Service: Colorado Department of Public Health William D. Shaddox and Environment Chief, Land Resources Division 4300 Cherry Creek Drive South National Park Service Denver, CO 80246 800 North Capitol Street, NE., Room 500 Washington, D.C.20002 State Coastal Zone Manaaement Aaencv (if aoplicablei: U.S. Natural Resources Conservation Service: Not applicable. Natural Resource Conservation Service 4300 Cherry Creek Drive South Head of each County: Denver,CO 80246 Weld County Commissioners 915 10th Avenue National Geodetic Survey: Greeley, CO 80631 National Geodetic Survey Edward J.McKay,Chief Boulder County Commissioners Spatial Reference System Division 1325 Pearl Street NOAA N/NGS2 Boulder, CO 80302 1315 E-W Highway Silver Spring,MD 20910-3282 Environmental Protection Aaencv (regional office): State Historic Preservation Office: U.S. Environmental Protection Agency Colorado Archeology and Historic Preservation Region VIII Office 999 18th Street,Suite 500 1300 Broadway Denver, CO 80202-2466 Denver,CO 80203 U.S. Fish and Wildlife: U.S. Fish&Wildlife Service, Region 6 P.O. Box 25486 Denver Federal Center Denver,CO 80225 Dated this 22nd day of May, 2001. 2141 Mack H. Shumate, Jr Hello