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Home My WebLink About20011871.tiff UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT 101 NORTH WACKER DRIVE SUITE 1920 1 CHICAGO,ILLINOIS 60606 (FAX)312-653-8465 Mack H.Shumate,Jr.,Esq. PACIFIC Senior General Attorney �� • + er, r. rn (312)853-8455 � - � }..i c•(312)853-8465(FAX) June 29, 2001 VIA UPS OVERNIGHT DELIVERY Mr. Vernon Williams, Secretary Surface Transportation Board 1925 "K" Street, N.W. Washington, D.C. 20423-0001 RE: Docket No. AB-33 (Sub-No. 182X) , Union Pacific Railroad Company (UP) - Discontinuance Exemption, in Weld and Boulder Counties, CO (A Line Segment of the Boulder Industrial Lead near Valmont, CO) Dear Mr. Williams: Pursuant to 49 U.S.C. § 10502, Union Pacific Railroad Company submits the original and ten (10) copies of a Petition For Exemption, with Verification, to discontinue service over the above-referenced rail line . The Certificate of Service and Publication pursuant to 49 C.F.R. §§ 1152 . 60 (d) and 1105.12 is attached to the petition. Also enclosed is a draft Federal Register notice pursuant to 49 C.F.R. § 1152 . 60 (c) . A computer diskette containing the draft Federal Register notice is also enclosed. Please file the Petition For Exemption in Docket No. AB-33 (Sub-No. 182X) . Enclosed are two (2) checks totaling $4, 400 for the filing fee . Sincerely yours, cc: See Attached Service List <w/enclosures> / 0:/\�Abandonments\33-182X\004 .wpd ca/lY�f & e4 ..) 2001-1871 7-//-®l JC', A(Z) CERTIFICATE OF SERVICE AND PUBLICATION The undersigned hereby certifies that a copy of the foregoing Petition for Exemption in Docket No. AB-33 (Sub-No. 182X) by Union Pacific Railroad Company was served on the date indicated below by mailing a copy, first class mail postage prepaid to the following: MTMCTEA Colorado Public Utilities Commission Attn: Railroads for National Defense 1580 Logan Street 720 Thimble Shoals Blvd. , Suite 130 Office Level 2 Newport News, VA 23606-2574 Denver, CO 80203 U. S. Department of the Interior Weld County Commissioners National Park Service 915 10th Avenue Recreation Resources Assistance Div. Greeley, CO 80631 P.O. Box 37127 Washington, D.C. 20013-7127 Boulder County Commissioners 1325 Pearl Street U.S. Department of Agriculture Boulder, CO 80302 Chief of the Forest Service 4th Floor NW, Auditors Building 14th Street & Independence Ave., S.W. Washington, D.C. 20250 The undersigned further certifies that a notice of the abandonment was published one time in the County where the rail line is located as follows : County Newspaper Date Boulder Daily Camera June 8, 2001 Weld Greeley Tribune June 8, 2001 The above newspapers are generally circulated in the counties where the rail line is located. The Notice as published was in the form prescribed by the Board for a Petition for Exemption at 49 CEA 1105 . 12 . Dated this 29th day of June 2 1 . Ma k H. humate, Jr. 0,\ABANOO-1\33-183%\33HUB182.COP 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 (THE BOULDER INDUSTRIAL LEAD NEAR VALMONT, CO) PETITION FOR EXEMPTION 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: June 29, 2001 Filed: July 2, 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 (THE BOULDER INDUSTRIAL LEAD NEAR VALMONT, CO) PETITION FOR EXEMPTION INTRODUCTION Union Pacific Railroad Company ("UP") hereby petitions the Board, pursuant to 49 U.S.C. §10502, to grant an exemption from 49 U.S.C. §§10903 in order to permit discontinuance of service by UP from milepost 18.79 near station area Eagle Mine, Colorado to milepost 31.0 near the Town of Valmont, Colorado, a distance of 12.21 miles, (the "Line"), over a line segment of the Boulder Industrial Lead, (the "Lead"), in Weld and Boulder Counties, Colorado. There are two (2) shippers on the Line that would be adversely affected by the proposed abandonment if they were expected to continue their operations in the area. However, both shippers have either directly or indirectly informed the UP that they are in the process of moving or otherwise curtailing their operations and will no longer need rail service in the future. Currently, David Joseph Company ("David Joseph") operates a scrap materials sorting, storage and distribution operation for the UP just west of Interstate 25 at a station area known as Eagle Mine under contract with UP. The source of the scrap material supplied to David Joseph is from UP's railroad operations. Rail movements to and from David Joseph are for the exclusive benefit of UP and its scrap materials handling requirements. David Joseph leases, the land for this scrap material, sorting, storage and distribution operation from another scrap material handling company, Columbine Iron and Metals, Inc. ("Columbine"), which is physically located adjacent to David Joseph. David Joseph constructed and exclusively owns the spur track connection with the UP on the Line. The David Joseph operation is to be relocated by the end of 2001 to a David Joseph facility located in the State of Utah which is also rail served by UP. Columbine has itself been a UP customer, utilizing David Joseph's spur track for Columbine's rail shipments. Columbine's property has been and currently is on the market for sale, and the most recent shipping activity was in January of 2001 for one (1) outbound carload. After David Joseph abandons its current site and relocates its operations to Utah, Columbine will lack any spur of its own. Accordingly, it is highly unlikely that any rail traffic would be generated in the future by either David Joseph or Columbine. Utilizing Columbine's year 2000 volume of 17 railcars and assuming a truck to railcar ratio of four to one, the resulting 136 loaded and empty truck movements per year (approximately one every three days) would have a negligible impact on area roads and traffic patterns, particularly given David Joseph's and Columbine's current close proximity to Interstate 25. The potential for future movements is deminimis, if existent at all, and certainly will have no appreciable impact on area roads and traffic 2 patterns. A copy of this Petition has been served on both David Joseph and Columbine. II. PETITIONER'S BACKGROUND AND REPRESENTATIVE UP has rail operations in the States of Arizona, Arkansas, California, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, Oklahoma, Oregon, Tennessee, Texas, Utah, Washington, Wisconsin and Wyoming. UP owns and operates the Line proposed for abandonment which is located in the State of Colorado near the towns of Eagle Mine and Valmont in the counties of Weld and Boulder, respectively. The name, address and telephone number of UP's representative is listed below: Mack H. Shumate, Jr., Senior General Attorney 101 North Wacker Drive Suite 1920 Chicago, Illinois 60606 312/853-8455 312/853-8465 (Fax) III. LINE DESCRIPTIONS. ZIP CODE INFORMATION AND MAP Attached hereto as Exhibit A and hereby made a part hereof is a map which identifies the Line proposed for discontinuance in solid black. Other rail lines in the area, principal highways and other roads are also shown on the map. 3 The proposed action involves the discontinuance of service by UP from milepost 18.79 near station area Eagle Mine, Colorado to milepost 31.0 near the Town of Valmont, Colorado, a distance of 12.21 miles, (heretofore defined as the Line), over a line segment of the Boulder Industrial Lead in Weld and Boulder Counties, Colorado. The Line over which service will be discontinued was constructed by Denver & Boulder Valley Railroad Company between 1871 and 1873. The Line is FRA Class 1 with a track speed of 10 mph, and is primarily constructed with 131 and 133 pound jointed rail. Columbine, has no spur trackage of its own and utilizes the spur track owned by David Joseph. David Joseph is in the process of relocating its activities on the Line to David Joseph's facility in the State of Utah. With the departure of David Joseph, the economic viability of the meager operation by Columbine is questionable. The Line has no bridges or other structures over 50 years old. The State of Colorado is in the process of widening Interstate 25 and as part of that process is seeking condemnation of a significant portion of Columbine's real property in the Eagle Mine station area. In addition, if the Line were to continue to operate the existing railroad grade separation (the "Bridge") over Interstate 25 would have to be modified and reconstructed. The Bridge will no longer be needed if service over the Bridge is discontinued and thereby save the State of Colorado substantial funds and time for its current project to widen Interstate 25. The State of Colorado through the offices of the Colorado Department of Transportation ("CDOT"), supports the discontinuance of the Line and has indicated that it will file a letter with the Secretary of the Surface Transportation Board ("STB") expressing its support for such discontinuance of the Line. The Line traverses U.S. Postal Zip Codes 80026, 80303 4 and 80516. There is one agency station area on the Line. The agency station area is known as Eagle Mine and is located at milepost 19.1 just 0.3 miles west of where the Bridge crosses the Line over Interstate 25. IV. SHIPPER INFORMATION When David Joseph completes the transfer of its operations to its facility in the State of Utah, the only remaining shipper served on the Line will be Columbine. In 1999 Columbine shipped 13 cars of scrap material, in 2000 Columbine shipped 17 cars of scrap material and since January, 2001 Columbine has only shipped one carload of scrap material. Both Columbine and David Joseph have been advised in advance of this filing and have been served with copies of the filing. There will be no adverse effect on David Joseph because it is in the process of moving its operations on the Line to a UP rail served facility in the State of Utah. The potential for future shipments by rail by Columbine after the departure of David Joseph and removal of David Joseph's spur track is unlikely. There is no overhead traffic on the Line. The verified statement of Raymond E. Allamong, Jr., Manager of Rail Line Planning for UP attached hereto as Exhibit B and hereby made a part hereof provides a detailed explanation of the status of the Line and the economic situation of the two (2) shippers thereon from a railroad marketing and industrial development perspective. Mr. Allamong's verified statement emphasizes the substantial benefit to be realized by the State of Colorado regarding the Bridge if service over the Line is discontinued. His statement also outlines the benefits to be realized by land banking the trackage and 5 right-of-way which make up the Line should the need for coal service by rail to the public utility power plant at Valmont, Colorado prove economically desirable to the UP at a future date. Maintaining not only the right-of-way but also the track structure, exclusive of the Bridge, preserves the UP's ability to reestablish service to the public utility power plant at Valmont, Colorado on relatively short notice with a minimum of land use issues, engineering issues and governmental siting issues. V. REASONS FOR THE DISCONTINUANCE The reasons for the proposed discontinuance of service are: (1) David Joseph is in the process of moving its operations from the Line to its facility in the State of Utah and will no longer utilize the Line. Columbine is in the process of selling its facility and will have no rail spur to use when David Joseph departs. Moreover, Columbine is not expected to use the Line in the future and shipped only one (1) car of scrap this year. The State of Colorado is in the process of widening Interstate 25 and will realize substantial savings if the Bridge over Interstate 25 is removed; (2) there are no indications that future traffic will ever occur on the Line from additional shippers to adequately justify the costs necessary to continue rail operations on the Line; (3) the current railroad traffic faces little harm from the proposed discontinuance of service on the Line, particularly in light of the public benefit to be derived from the discontinuance of service; and (4) there is no overhead traffic over the Line. 6 VI. REASONABLE ALTERNATIVE: VIABILITY There appears to be no reasonable alternative to this discontinuance. David Joseph and Columbine are the only shippers on the Line, there is no overhead traffic and Petitioners are not aware of any other requests for rail service on this Line. As indicated in the Verified Statement of Hans Matthiessen, Senior Project Manager- Economic Research and Analysis for the UP, a copy of which is attached hereto as Exhibit C and hereby made a part hereof, the operation of that line segment of the Lead between mileposts 18.79 and 31.0 will result in a substantial operating loss to UP and that continued operation of the Line is not justified from a financial standpoint. In summary, based on normalized maintenance levels necessary to keep the Line at a Class I level at a conservative $5,000 per mile annually, the meager traffic movements on the Line result in operating losses of$55,298 for the year 2000, with a $56,920 operating loss for the Base Year. VII. THE EXEMPTION STANDARDS HAVE BEEN MET Discontinuance and abandonment of rail lines requires authorization and approval of the Board pursuant to 49 U.S.C. § 10903. However, 49 U.S.C. § 10502 requires the Board to exempt a transaction when it finds: (1) continued regulation is not necessary to carry out the Rail Transportation Policy of 49 U.S.C. § 10101; and (2) either the transaction is of limited scope or Board regulation is not necessary to protect 7 shippers from an abuse of market power. The Applicants' proposal for discontinuance of operations clearly satisfies the standards for exemption under 49 U.S.C. § 10502. Detailed scrutiny by the Board under 49 U.S.C. § 10903 is not necessary to carry out the Rail Transportation Policy of 49 U.S.C. § 10101. An exemption will minimize the Applicants' administrative expense and the cost, preparation and review associated with progressing the proposed discontinuance in a full application proceeding. An exemption will expedite regulatory action and will reduce regulatory barriers to exit from the Line consistent with Sections 10101(2) and (7). An exemption will foster sound economic conditions in the transportation industry consistent with Section 10101(5), by permitting UP's discontinuance of service over the Line and avoiding the need to retain and operate a rail line that will not be used by any shipper. That portion of the Lead to the west currently under lease to the Burlington Northern and Santa Fe Railway Company ("BNSF") in accordance with the decision served on May 7, 1996 under Finance Docket 32857 will continue to be rail served by BNSF pursuant to the lease agreement between BNSF and UP. The shippers to be so served include the public utility power plant at Valmont, Colorado and a nearby county recycling center. That portion of the Lead to the east will remain intact as part of UP's railroad system and continue to be served by UP. The proposed discontinuance of the Line is clearly a transaction of"limited scope." The Line is only 12.21 miles long, David Joseph is in the process of transferring its operations to its facility in the State of Utah and the sole remaining shipper, Columbine, will have to acquire or build a rail spur for continued service. In addition, regulation of this discontinuance is not needed to protect shippers from an 8 abuse of market power, since David Joseph does not oppose discontinuance of the Line, and Columbine will no longer require what little service it currently uses when it succeeds in selling its facility. VIII. LAND AREA. FEDERAL GRANT INFORMATION. AND PUBLIC USE In that service over the Line will only be discontinued, the entire Line, exclusive of the railroad grade separation over Interstate 25, will remain intact for potential future use should the need arise to serve the power plant at Valmont, Colorado. No significant change to the existing right-of-way will occur. In addition, by agreement with CDOT, UP will have the right to build a new bridge over Interstate 25 at UP's expense if the UP desires to resume rail service west of Interstate 25. IX. LABOR UP is agreeable to the labor protection conditions as prescribed in Oregon Short Line R. Co. - Abandonment- Goshen, 360 ICC 91 (1979). X. ENVIRONMENTAL AND HISTORIC REPORT The required environmental and historic information is contained in the Combined Environmental and Historic Report which was served on June 6, 2001. A copy of the Report is attached hereto as Exhibit D. The original and ten (10) copies 9 were sent to Ms. Elaine Kaiser, Section of Environmental Analysis, on May 21, 2001 for filing and supplemented on June 6, 2001. WHEREFORE, Union Pacific Railroad Company respectfully requests that the Board issue a decision exempting the proposed discontinuance from the provisions of 49 U.S.C. §§10903, et. seq. Dated this 29th day of June, 2001. Respectfully submitted, 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 Ma k H. Sh mate, Jr. 10 CERTIFICATE OF SERVICE AND PUBLICATION The undersigned hereby certifies that a copy of the foregoing Petition for Exemption in Docket No. AB-33 (Sub-No. 182X) by Union Pacific Railroad Company was served on the date indicated below by mailing a copy, first class mail postage prepaid to the following: MTMCTEA Colorado Public Utilities Commission Attn: Railroads for National Defense 1580 Logan Street 720 Thimble Shoals Blvd., Suite 130 Office Level 2 Newport News,VA 23606-2574 Denver, CO 80203 U. S. Department of the Interior Weld County Commissioners National Park Service 915 10th Avenue Recreation Resources Assistance Div. Greeley, CO 80631 P.O. Box 37127 Washington, D.C. 20013-7127 Boulder County Commissioners 1325 Pearl Street U.S. Department of Agriculture Boulder, CO 80302 Chief of the Forest Service 4th Floor NW,Auditors Building 14th Street& Independence Ave., S.W. Washington, D.C.20250 The undersigned further certifies that a notice of the abandonment was published one time in the County where the rail line is located as follows: County Newspaper Date Boulder Daily Camera June 8, 2001 Weld Greeley Tribune June 8, 2001 The above newspapers are generally circulated in the counties where the rail line is located. The Notice as published was in the form prescribed by the Board for a Petition for Exemption at 49 CFR 1105.12. Dated this 29th day of June, 2001. Ma k H. S umate, Jr. O,\ABANDO-1\33-183X\33SDB183.COP EXHIBIT A • / ii I I . 8 U / I �.o 119 11 I 0,0 ' f / I OIL I m'Ln ,-i-73 il . = 0_,I " I I� 25 z.i I11 :, / END D I SCONT I NUANCELEYNER 1 I' Gaaa MP 31 . 0 ! 1 119 ,1p7R t a 1 ., EAGLE ' ' MINE 1 9NSp5G k _ _II= _ .i ,, ii ERIE — 15"VALMONT '�-- ^ - '! BEGIN DISCONTINUANCE x II '1 1 I� MP 18. 7 9 I` BOULDER JCT; " 1 l 25 It '' 8//jF IL_ _ 1( 42 I .1 1 ;I _ - - - - - - I _ _ 7 - II j \ 7 9336 I ' 'O it • • • CC l(-) pC.) I i' II o i I, \ - 0 m I3 25 II I I BRIDGE NO. I BRIDGE TYPE TOTAL LENGTH' DATE 1 18.80 i WF BM • 80' I 1437 ; COLORADO I 18.80 ( THRU PLATE GIRDER (TPG) • 62' 11937 THRU PLATE GIRDER (TPG) I 62' 11959 I 18.80 THRU PLATE GIRDER (TPG) • 61' I 1959 , WF BM • 21' 1959.•• 18.86 - _�.. _.. NP i 8. '9 TO NP 3:.00 i WE BM 23' i 1959 3^.i:_ ):' PCL:STRIAL LEAD A 'DIAL OF 12.21 MILES I 23.66 1 TIMBER PILE TRESTLE (TST - OD) j 65.20' I 1921 ; •k WELD 8 BOULDER COL•NT i ES, COLORADO ; STATION I MILE POST AGENCY L EAU__ M;kE ! 19. JO NONE ERIE : 24.0 i NONE • LEGEND UNION PACIFIC RAILROAD CO. I .... ..•■■ - UP RR LINE TO BE DISCONTINUED BOULDER INDUSTRIAL LEAD OTHER UPRR LINES i i I + i OTHER RAILROADS INCL. 50+ YEAR OLD STRUCTURES 0 50+ YEAR OLD STRUCTURES - - - - PRINCIPAL HIGHWAYS = = - - OTHER ROADS Scale: 0 I 1 / Miles - _ Q:\ABAND0NMENTS\lB0228 APRIL 27.200 J EXHIBIT B VERIFIED STATEMENT OF RAYMOND E. ALLAMONG,JR. My name is Raymond E. Allamong, Jr. I am Manager Rail Line Planning for Union Pacific Railroad Company's ("Union Pacific") Marketing and Sales Department with offices at 1416 Dodge Street, Omaha, Nebraska 68179. I hold a Bachelor of Science degree in Business Logistics from Pennsylvania State University and a Master of Business Administration from Creighton University. I have held my current position for ten years, and I have been employed by Union Pacific for over 19 years. My responsibilities include analysis of light density railroad lines and the selection of railroad segments for sale, lease, or abandonment; the negotiation of such sales and leases; and serving as my department's representative in the rail line abandonment process. I am familiar with Union Pacific's petition(the"Petition") for exemption to discontinue service over a portion of the Boulder Industrial Lead(the"Lead") in Weld and Boulder Counties, Colorado between milepost 18.79 near Eagle Mine station to milepost 31.0 near Valmont, Colorado (the "Line"). This statement details(i)the reasons for filing this Petition; (ii)the current railroad traffic activity on the Line; and(iii)why the current railroad traffic faces little harm from the proposed discontinuance of service,particularly in light of the public benefit to be derived from said discontinuance of service. The Lead runs 33.17 miles from Commerce City, on the north side of Denver, Colorado, to the eastern outskirts of Boulder, Colorado at a station known as Valmont, Colorado. The Lead starts on a south-to-north axis but makes a westward turn at its approximate mid-point. Near the end of the Lead at Valmont, a spur on the Lead drops southward to the Public Service of Colorado coal burning public utility power plant at Valmont, Colorado. This public utility power plant is currently actively accessed by the Burlington Northern and Santa Fe Railway Company ("BSNF") from BSNF's Denver to Boulder main line (the`BNSF Main Line"). The Union Pacific spur on the Lead can also be accessed by the BNSF main line. Union Pacific used to serve the Valmont power plant. However, in late 1989,the Burlington Northern Railroad Company(`BN"), a predecessor in interest to BNSF,was successful in diverting the coal traffic bound for Valmont to BN's main line as opposed to UP's branch line. BNSF's superior physical competitive advantage stemming from the fact that the public utility power plant at Valmont was located near the BN's main line as opposed to the end of a branch line, as in the case of Union Pacific,was a major factor that led to the coal traffic being diverted from Union Pacific to BN. This left Union Pacific with just one customer near the end of the Lead at Valmont, a brick company that later ceased rail operations. With the loss of the coal movement,Union Pacific on or about September 30, 1991,placed the entire Lead in Category One on its System Diagram Map. Expectations for possible commuter service and potential recovery of the coal movement to Valmont led Union Pacific to remove the Lead from Category One on the System Diagram Map. Several years later, through the merger of the Union Pacific with Southern Pacific Railroad Company("SOPAC"),Union Pacific obtained the originating line haul for the coal bound for the public utility power plant at Valmont. However, even the origination was not sufficient to overcome rehabilitation requirements for the Lead and geographic disadvantage in favor of BNSF. BNSF still exclusively receives the coal bound for the public utility power plant at Valmont after interchange from Union Pacific at Denver, Colorado. In a decision served May 7, 1996 under Finance Docket 32857,the Surface Transportation Board ("STB") granted an exemption recognizing BN's lease (the`BN Lease") of the end of the Lead between mileposts 32 and 33 so that BN could serve a new customer on the 2 Lead whose materials source was on the BN. By definition, the BN Lease also included the Union Pacific's spur track running south to the public utility power plant at Valmont and to the BN main line. In 1999,the BN Lease was amended to permit BNSF, as successor in interest to BN, to serve a county recycling center locating on the spur covered by the BN Lease. The events described above have left Union Pacific with the 33.17 mile Lead, with no Union Pacific traffic activity west of milepost 19.1 at the station area known as Eagle Mine. The Eagle Mine station area lies just 0.3 miles west of where the Lead crosses Interstate 25. The only continuing activity on the Line is Union Pacific's in-house scrap material storage and reshipping facility("UP Facility")which is operated by David Joseph Company("David Joseph") as a contractor for Union Pacific. David Joseph and Union Pacific are in the process of relocating this activity to other western states and expect that the UP Facility will be shut down in the first half of September 2001. The only other shipper on this portion of the Line served by Union Pacific is the Columbine Iron and Metals, Inc. ("Columbine"). Union Pacific did not pursue any regulatory action at the STB west of the Eagle Mine station area because there was the hope that circumstances could change and favor a Union Pacific line haul directly into the public utility power plant at Valmont, Colorado. In addition, there had been local political discussion concerning the establishment of a commuter rail network in the Denver metropolitan area, with that portion of the Lead west of the Eagle Mine station serving as part of a potential route for commuter rail service from Boulder to Denver. In 1999, two events occurred that led to the Union Pacific's decision to seek a discontinuance of service over that portion of the Lead referred to herein as the Line. First,I was approached by representatives from the Colorado Department of Transportation("CDOT")who noted that they were widening Interstate 25 and were facing construction of a new, multi-million 3 dollar replacement bridge to carry the Union Pacific's tracks over Interstate 25. Aware of the precarious economic condition of the Lead and the potential for the Union Pacific to relocate its scrap activity, CDOT asked Union Pacific to review the situation in time to ensure that the state did not design,build and fund a major new overhead crossing structure, to accommodate the widening of Interstate 25,that might never be used. Second, a major regional railroad planning document was issued by the Policy and Oversight Committee for the North Front Range Transportation Alternative Feasibility Study that made it clear that the preferred route for Boulder to Denver commuter service would be the existing BNSF main line alignment. Weighing all relevant factors, Union Pacific determined that the best course for rationalizing its common carrier assets was to seek discontinuance authority for the Line which as defined herein runs from a point on the east side of Interstate 25 right-of-way at milepost 18.79 to milepost 31, a point slightly east of that portion of the Lead that the BSNF currently leases from Union Pacific under the BN Lease. The Line does not include the trackage leased to BNSF under the BN Lease. By agreement with CDOT,Union Pacific will have the right to build a new bridge over Interstate 25 at railroad expense if the Union Pacific desires to resume service west of Interstate 25. Therefore,the potential for direct competitive service to the public utility power plant at Valmont, Colorado or the establishment of commuter service to the eastern fringe of Boulder, Colorado, though the latter is not currently foreseen over this route, would be preserved. This course of action avoids any requirement for the establishment of a new grade separation over Interstate 25 by CDOT. That portion of the Lead west of Interstate 25 will remain intact and available for future use if the need arises. The impact of the proposed discontinuance on shipping activity on the Line is limited to the only two shippers on the entire Line. These two shippers, David Joseph and Columbine, currently have rail service in the Eagle Mine station area. 4 anything since. In a May, 2001 telephone conversation, I asked Columbine's counsel if the facility was indeed"cleaned out". Columbine's counsel indicated that such cleaning out might have stemmed from uncertainty tied to a state condemnation action. To date, I have not received a response from Columbine with respect to my request for an update of the land sale status. Columbine has no spur of its own,utilizing instead David Joseph's track facility, which is likely to be salvaged by the time David Joseph vacates the property. In addition, Columbine is losing David Joseph as its major tenant. While Columbine has previously shipped by rail at any time during the year, there has been no transportation by rail this year since the single car movement in January. Taking all these factors together, it is my reasoned opinion that it is very unlikely that Columbine will be a continuing rail shipper at the Eagle Mine station area location or at any other location on the Line. Even if Columbine had both the intent and the facilities to continue as a rail shipper at the Eagle Mine station area the benefit to Columbine of continued rail service for its very limited potential traffic must be weighed against the considerable real cost and effort that would be expended by CDOT and Union Pacific to construct and maintain a major new overpass bridge over Interstate 25,As Hans Matthiesesen indicates in his verified statement, the economic benefit of this traffic to UP, if any, would be minimal at best and certainly not sufficient to cover the cost of operating the Line. In conclusion, the proposed discontinuance of service strikes a proper balance between recognizing the uncertain potential for future coal and commuter service over the Line and avoiding the unnecessary and wasteful expenditure of money, time and effort that would burden CDOT and Union Pacific with an unnecessary overpass bridge that literally may never be 6 used. In my opinion the STB should grant the subject petition and provide for the discontinuance of the Line as requested. O:Wbandonments\33-182x\005.wpd 7 VERIFICATION STATE OF NEBRASKA ) ) ss: COUNTY OF DOUGLAS ) I, RAYMOND E. ALLAMONG, JR., Manager Rail Line Planning of Union Pacific Railroad Company, declare under penalty of perjury, under the laws of the United States of America, that I have read the foregoing Verified Petition for Exemption and that its assertions are true and correct to the best of my knowledge, information and belief. I further declare that I am qualified and authorized to submit this verification on behalf of Union Pacific Railroad Company. I know that willful misstatements or omissions of material facts constitute Federal criminal violations punishable under 18 U.S.C. 1001 by imprisonment up to five years and fines up to $10,000 for each offense. Additionally, I know that these misstatements are punishable as perjury under 18 U.S.C. 1621 , which provides for fines up to $2,000 or imprisonment up to five years for each offense. Dated at Omaha, Nebraska, this,/ day of -May , 2001 . eCej mond E. Allamong, Jr. SUBSCRIBED TO AND SWORN BY Me, a Notary Public, this.5'3`day of av , 2001. GENERAL NOTARY-State of Nebraska L� r SHERYLSCHENDT Notaity Public My Comm. Exp.April 9,2004 My Commission expires: 4 /4 A y EXHIBIT C VERIFIED STATEMENT OF HANS MATTHIESSEN My name is Hans Matthiessen. I am a Senior Project Manager-Economic Research and Analysis for Union Pacific Railroad Company("UP")with an office address of 1416 Dodge Street, Omaha,Nebraska 68179. I hold a Bachelor of Science degree in Business Administration from Iowa State University. I was employed by Chicago North Western Transportation Company ("CNW") from 1969 to 1995. I began my employment with UP in 1995, after merger of CNW into UP. My present responsibilities include regulatory planning and analysis. I held a similar position at CNW during the period 1989-1995. The purpose of this statement is to provide information regarding the financial results of UP's operation over the line segment of the Boulder Industrial Lead between M.P. 18.79 near the Eagle Mine station area to M.P. 31.0 near Valmont(the "Line") in Weld and Boulder Counties, Colorado and to explain how revenues and on-branch and off-branch cost components included in the fmancial exhibit were developed. EXHIBIT 1 - SUMMARY - REVENUE AND COST DATA Exhibit 1 is an exhibit reflecting the revenue and cost for the Line for Year 2000 and a Base Year from May 1, 2000 through April 30, 2001. Exhibit 1 is prepared in accordance with 49 C.F.R.§ 1152.31 -.34. I utilized 2000 STB Annual Report(R1) as well as the 1999 Uniform Railroad Costing System(URCS). A. Revenues -Exhibit 1 Line 1 represents the total system revenues earned by UP for hauling Columbine Iron and Metals, Inc.'s traffic that originated on the Line. In the Year 2000 and the Base Year,UP earned 1 $29,138 for seventeen carloads and $20,922 for twelve carloads of local line haul traffic, respectively. Line 2 represents revenue earned from bridge traffic on the Line. Since there is no bridge traffic, it is blank. Line 3 represents all other revenue earned by UP on the Line. Since there is no other revenue associated with the Line, it is blank. Line 4 is the total revenue attributable to the Line and is the sum of lines 1 through 3. B. Avoidable Costs (Operations) - Exhibit 1 Lines 5(a) through 5(k)represent the on-branch costs for operating the Line. The Line is served by a three (3) person local operating out of Denver, CO using two low horsepower locomotives. In 2000,the local would have had 34 round trips at a one half hour and one train mile per trip to handle the 17 carloads of traffic. The Base Year would have required 24 round trips at one half hour and one train mile per trip to handle 12 carloads of traffic. Maintenance of Way and Structures costs, for the Year 2000 and Base Year, are based on normalized maintenance levels necessary to keep the track at Class I level for the long term. Normalized maintenance of way is estimated at$5,000 per mile,this would amount to $61,050 for the 12.21 miles to be discontinued. This amount alone turns the Line into a fmancial drain on the UP. Maintenance of Equipment costs include locomotive repair and maintenance and depreciation costs allocated to the Line by on-branch locomotive hours of 17 hours for Year 2000 and 12 hours for Base Year per locomotive and locomotive miles of 34 miles for Year 2000 and 24 miles for Base Year per locomotive. For Year 2000, locomotive repair and maintenance costs are $21 and locomotive depreciation is $88. For the Base Year, locomotive repair and maintenance costs are$15 and locomotive depreciation is $62. Transportation costs are crew wages, locomotive fuel,train inspection and supplies, and locomotive servicing. These costs are 2 allocated to the Line based on on-branch avoidable crew wages, locomotive hours and miles. There are no avoidable crew wages identified with the Line. Following is a breakdown of the on- branch transportation costs of$993 for Year 2000 and$661 for the Base Year. Year 2000 Base Year Avoidable Crew Wages $ 0 $ 0 Train Inspection Lubrication 282 199 Train Fuel 704 457 Locomotive Servicing 6 4 On-Branch Transportation Costs $ 993 $ 661 Freight Car expenses are calculated using unit costs developed in accordance with Surface Transportation Board regulations and URCS costing methodology. Return on Value- Locomotives is based on the replacement cost of a rebuilt low horsepower locomotive. Return on Value -Freight Cars is based on the replacement cost for plain and equipped gondola cars. Lines 6(a) and 6(b)represent the off-branch costs of the local line haul traffic which originated on the Line and was computed using the URCS. Line 6(c)represents the Make-Whole add-on costs calculated using 1999 UP Manual Make-Whole data sheet and Appendix A work sheet. This cost represents only the off-branch portion. Industry switch event- local used 1 switch event instead of 2 switch events and car miles are only off-branch miles. Line 7 is the total avoidable cost incurred in operating the Line and is the sum of line 5 and line 6. C. Avoidable Gain(Loss) from Operations -Exhibit 1 The total appearing immediately below line 7 is the result from operation of the Line, excluding return on value for road property. It is line 4 minus line 7. As shown on this line,UP's operation would result in a substantial operating loss of $55,298 during the Year 2000 and $56,920 for Base Year. 3 SUMMARY As shown in Exhibit 1, operation of the Boulder Industrial Lead between Mileposts 18.79 and 31.0 will result in a substantial operating loss. It is quite clear from the financial exhibit that continued operation is not justified. O:\Abandonments\3 3-182X\007.wpd 4 UNION PACIFIC RAILROAD COMPANY- EXHIBIT-1 COMPUTATION OF REVENUE ATTRIBUTABLE TO THE LINE,AVOIDABLE COSTS, AB-33(SUB-No.182X) AND REASONABLE RETURN ON THE VALUE OF THE LINE TO BE ABANDONED FOR: Branch Name Boulder Industrial Lead Base Year: May 2000-April 2001 Year Base 2000 Year Revenue for: 1. Freight Originated and/or Terminated On-Branch $ 29,138 $ 20,922 2. Bridge Traffic - - 3. All Other Revenue and Income - 4. Total Revenue Attributable(L.1+L.2+L.3) $ 29,138 $ 20,922 Avoidable Costs for: 5. On-Branch Costs(Lines 5a-5k) a. Maintenance of Way&Structures Costs $ 61,050 $ 61,050 b. Maintenance of Equipment 109 77 c. Transportation 993 661 d. General Administrative - e. Deadheading,Taxi and Hotel - - f. Overhead Movement/Other - g. Freight Car Cost-Non ROI 657 415 h. ROI Expense Freight Cars 1,183 864 I. ROI Expense Locomotives 237 167 J. Revenue Taxes k. Property Taxes - Total On-Branch Cost(Line 5a-5k) $ 64,229 $ 63,234 6. a.Off-Branch Costs Excluding Freight Car ROI $ 12,556 $ 9,069 b.Off-Branch Freight Car ROI Costs 4,330 3,168 c.Make Whole Adjustment Off-Branch 3,321 2,371 Total Off-Branch Costs(L.6a+6b+6c) $ 20,207 $ 14,608 7. Total On&Off-Branch Avoidable Costs (L.5+L.6) $ 84,436 $ 77,842 Avoidable Gain or(Loss)from Operations(L.4-L.7) $ (55,298) $ (56,920) VERIFICATION STATE OF NEBRASKA ss. COUNTY OF DOUGLAS ) HANS MATTHIESSEN, being first duly sworn, deposes and states that he has read the above document, knows the facts asserted therein, and that the same are true as stated. 6.4 HANS MA HIESSEN SUBSCRIBED and sworn to before me this al ST day of , 2001. GENERAL NOTARY•Srie of NNSDn jlj ska rk--)affitlNit Notary Public 1JY Comm.Exp.Jury 11.2001 UNION PACIFIC RAILROAD COMPANY EXHIBIT D LAW DEPARTMENT 101 NORTH WACKER DRIVE,SUITE 1920 CHICAGO,ILLINOIS 60606 FAX NO.312-853-8465 RONALD J.CUCHNA GENERAL SOLICITOR GEORGE H. GRANT 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 DANIEL R.LA FAVE 312-853-8448 LINDA P.COYLE 312-853-8456 MACK H.SHUMATE,JR. 312-853-8455 June 6, 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. It has recently come to our attention that in our mailings of the Combined Environmental and Historic Report to the various government agencies in the above referenced case that Attachments Nos. 1, 2, and 3 were inadvertantly omitted. Likewise, we assume they were ommitted from the file copies which were sent to you for filing on May 21, 2001. Therefore, enclosed are the three attachments and ten copies thereof. Please see that these attachments are filed with the original and ten copies previously sent to you. Union Pacific now anticipates filing a Petition for Exemption in this matter on or after June 27, 2001. Sincerely yours, JPG/mls Ma k H. Sh mate, Jr. Enclosures Senior General Attorney UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT 101 NORTH WACKER DRIVE,SUITE 1920 CHICAGO,ILLINOIS 60806 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 312-653.8453 FREDERICK P.JOHNSTON,JR. 312-853-8447 June •, 401 DANIEL R.LAFAVE 312-853-8446 LINDA P.COYLE State Clearinahouselor alternate): 312653.8456 Colorado Public Utilities Commission U.S.Army Corns of Engineers: MACK .sFIUMATE,JR. 312-6H53-855 1580 Logan Street U.S.Army Engineer District Office Level 2 Missouri River Denver,CO 80203 P. O. Box 103 Downtown Station Omaha, NE 68101-0103 State EnvironmentatProtection Agency: Colorado Department of Public Health National Park Service: and Environment William D. Shaddox 4300 Cherry Creek Drive South Chief, Land Resources Division Denver,CO 80246 National Park Service 800 North Capitol Street, NE.,Room 500 State Coastal Zone Management Aaencv Washington, D.C.20002 fif aaolicablel: Not applicable. U.S.Natural Resources Conservation Service: Natural Resource Conservation Service Head of each County: 4300 Cherry Creek Drive South Weld County Commissioners Denver, CO 80246 915 10th Avenue Greeley,CO 80631 National Geodetic Survey: National Geodetic Survey Boulder County Commissioners Edward J.McKay,Chief 1325 Pearl Street Spatial Reference System Division Boulder, CO 80302 NOAA NINGS2 1315 E-W Highway Environmental P1atectiQn Aaencv Silver Spring,MD 20910-3282 freaional office): U.S.Environmental Protection Agency State HistoricPreservation Office: Region VIII Colorado Archeology and Historic Preservation 999 18th Street,Suite 500 Office Denver,CO 80202-2466 1300 Broadway 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 • cc: w/enclosures State Clearinghouse(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 fit anolicablel: Not applicable. Head of each County: Weld County Commissioners 91510th Avenue Greeley,CO 80631 Boulder County Commissioners 1325 Pearl Street Boulder,CO 80302 Environmental Protection Aaencv (regional 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 Coros of Engineers: 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 DMsion 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 DMsion 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 • Bcc: w/enclosures Ray Allamong - Room 1110 Norm Slier- Room 930 Lynda L. Prucha - Room 810 Bcc: w/o enclosures Dennis Duffy- Room 1206 Joe Bateman - Room 801 Sylvester Bobo - MC3300 John Bromley - Room 605 Jim Farrell - Room 430 Bob Fredericks - WT10S Dave Hatfield - Room 1214 Kay Leslie - MC 9091 Bill E. Loomis - Room 332 Hans Matthiessen - Room 700 Roger Nicolaisen - MC 9091 Greg Pinker-WP001 Bill Wimmer - Room 1030 Blind Note: If anyone listed above wishes to obtain a copy of the Combined Environmental and Historic Report, please contact Chuck Saylors at 271-4861. Mack H. Shumate May 22, 2001 OMBANDO-I\33-t,on6UBIESC2 3 a . a DIMENSIONAL H H UPS Next Day Air WEIGHT E"FEEI;EA ' MT SHIPPER'S U-SI UPS Worldwide Express COPY Shipping Document 4 EXT EXPRESS IT TYPE OF �, AIRDAY ❑II See Ironucflons on back Celli-BOO-PICK-UPS(800-742-58Th SERVICE — $ _ lid ce a,-->s.aiweErS for additional inforrrreaon. mNeIMLata eea��°•�•R•at'd'. nON S PO TRACKING NUMBER 1 Z 612 954-22 1001 586 3 s ❑ ?A Y n SAT $ y i fEl 1 SHIPMENT FROM DECLARED VALUE ¢p pp SHIPPER UPS ACCOUNT NO. OPTIONAL n m••uwum�+v $ E ill' UPS •nomipb•144lb0�•1 ACCOUNT 6 1 2 9 5 4 SERVICES .+.O�•mQieItiVlb• AMOUNT gift Pi Ri a Marna,=.„„,, AMouNi. • (fig gill 6 ADDITIONAL MACdWREIMending Charge e•gN•krweWn t•i NAME /TELEPHONEHgry HANDLING n 5 § CHARGE E••b S• � • f PA SHUMATE JR , ., " r TOTAL �N:. Flt COMPANY .„ CHARGES s, " ,� ' I 5)•i U PRR 7 BILL BILL RLLTI*E CRFq! • eyg RECEIVER PARTY y CHECK Ip STREET ADDRESS METHOD 9XIPFHI r�,p„e„o,,, cum American Ewer Y SS. DE 1 I .CM ; 101 N WACKER big RM 1920 PAYMENT , n n n ❑ li CITYA•N4DSTA�,E ZIP CODE ,• LRmor�r,rN>ws.:nn.eJ�• t14I 'I CHICAGO IL 80606 1718 OREwVFRB/THRD PARrc5 UPSACCT.ND.ORMACE CR®IT CARD MO Ea TITION !IA 2 EXT•EMELY U•GENT •ELIVERYT• DuAw/ ` in N. 1 TELEPHONE bin • THIRD PARTY'S COMPANY NAME !F I!( C NY /'•- a�ADDRESS !Ilia !Pi' DDREA$5 /r / DEPT./PLR. CITY AND STATE ZIP CODE li6A+_ %S i _,� 1Z I$. £41 1 lull f$ • AND STATE(INCL DECO RY I ..RNATONAL) Z •'R• .: la•^•A•'•'^•'•• ti•• eama '•12 F • i ©SHIPPEWS X SIGNATURE^ 2 rill II III IIIIIIIIIIIIIIIII IIIIII IIII I Hill 11 02609 6,99 M� AB-33 Sub No. (182x) Attachment No. 1 / II 0. / II EI0 w 119 II 0.0 _I1 j / H om,3 / 54 - - - - 5 - - - - - - - - - 5 / = I / FH 8 II In / _ = =11 mil II zs / II ZII II 40 END DISCONTINUANCELEYNER / ,,ti MP 31 . 0 p PRR II 5 ^� ¢ • EAGLE MINE I ERIE T Bll ,I6 ^ II =11= = �l BEGIN DISCONTINUANCE - 15 VALMONT .: II II MP 18. 79 — = II- II cc ,II,0_, BOULDER JClll II II 25 — 7 Ii — — - 7 — — — — — II 8NSF 42 I IL I 25 \ II 7 36 II ocz; I / II II IL � 'o II 93 WIv \ II _i '0 n II 1 \ — 42 m 13 }F II II 8 I BRIDGE NO. BRIDGE TYPE TOTAL LENGTH DATE 1COLORADO 18.80 WF BM 80' 1937 THRU PLATE GIRDER ITPGI 62' 1937 IB 80 THRU PLATE GIRDER ITPG) 62' 1959 18.80 THRU PLATE GIRDER ITPG) 61' 1959 WF BM 21' 1959 MP 18. 79 TO MP 31.00 18.80 WF BM 23' 1959 BOULDER INDUSTRIAL LEAD A TOTAL OF 12.21 MILES 23.66 TIMBER PILE TRESTLE (TST - OD) 65.20' 1921 IN WELD 8 BOULDER COUNTIES, COLORADO STATION MILE POST AGENCY EAGLE MINE 19. 10 NONE ERIE 24.0 NONE LEGEND UNION PACIFIC RAILROAD CO. mm.. . ..... UP RR LINE TO BE DISCONTINUED BOULDER INDUSTRIAL LEAD OTHER UPRR LINES INCL. 50+ YEAR OLD STRUCTURES 111111 OTHER RAILROADS 0 50+ YEAR OLD STRUCTURES =6s PRINCIPAL HIGHWAYS = = _ = OTHER ROADS Scale: et I I Miles OAABANDONMENTS\A8Q228 APRIL 27,2001 AB-33 Sub No. (182x) Attachment No. 2 . UNION PACIFIC RAILROAD COMPANY CHARLES W.SAYLORS 1416 DODGE STREET DIRECTOR-LEGAL SUPPORT SERVICES OMAHA,NEBRASKA 68179 (402)271-4861 UNION (402)271-5625(FAX) PAO RC April 20, 2001 State Clearinahouse (or alternate): U.S.Army Cores 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 Agency: 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 Management Aaencv fif applicable): 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 Aaency f 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 Re: Proposed Discontinuance of the Boulder Branch from M. P. 18.79 near Eagle Mine to M. P. 32.0 near Valmont in Weld and Boulder Counties, Colorado; STB Docket No. AB-33 (Sub-No. 182X) Dear Sirs: Union Pacific Railroad Company plans to request authority from the surface Transportation Board (STB) to discontinue service on the Boulder Branch from M. P. 18.79 to the end of the line at M. P. 32.0 in Weld and Boulder Counties in Colorado. This discontinuance will leave the track in place except at Street and Highway grade crossings, and one bridge which goes over Interstate 25. A map of the proposed track abandonment shown in black is attached. Pursuant to the STB's regulations at 49 C.F.R. Part 1152, and the environmental regulations at 40 C.F. R. Part 1105.7, this is to request your assistance in identifying any potential effects of this action as indicated in the paragraphs below. We do not anticipate any adverse environmental impacts, since there will be only limited salvage activities, as described in the preceding paragraph. However, if you identify any adverse environmental impacts, describe any actions that are proposed in order to mitigate the environmental impacts. Please provide us with a written response that can be included in an Environmental Report, which will be sent to the STB. LOCAL AND/OR REGIONAL PLANNING AGENCIES. State whether the proposed action is consistent with existing land use plans. Describe any inconsistencies. U. S. SOIL CONSERVATION SERVICE. State the effect of the proposed action on any prime agricultural land. U S FISH AND WILDLIFE SERVICE (And State Game _And Parks Commission. If Addressed). State (1) 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, and, (2)whether wildlife sanctuaries or refuges, National or State parks or forests will be affected, and describe any effects. STATE WATER QUALITY OFFICIALS. State whether the proposed action is consistent with applicable Federal, State or Local water quality standards. Describe any inconsistencies. U. S. ARMY CORPS OF ENGINEERS. State (1) whether permits under Section 404 of the Clean Water Act(33 U.S. C. § 1344) are required for the proposed action and (2)whether any designated wetlands or 100-year flood plains will be affected. Describe the effects. U. S. ENVIRONMENTAL PROTECTION AGENCY AND STATE ENVIRONMENTALPROTECTION (OR EQUIVALENT AGENCY). (1) Identify any potential effects on the surrounding area, (2) identify the location of hazardous waste sites and known hazardous material spills on the right-of-way and list the types of hazardous materials 2 involved, and (3)state whether permits under Section 402 of the Clean Water Act(33 U.S.C. § 1342) are required for the proposed action. Thank you for your assistance. Please send your reply to Union Pacific Railroad, Mr. Chuck Saylors, 1416 Dodge Street, Room 830, Omaha, NE, 68179. Id you need further information, please contact me at(402) 271-4861. Yours truly, add i/Q/11.11-11 Charles W. Saylors Attachment CI:Vaal:140M ABAIlatA3390B102.1n 3 AB-33 Sub No. (182x) Attachment No. 3 UNION PACIFIC RAILROAD COMPANY CHARLES W.SAYLORS 1416 DODGE STREET DIRECTOR.LEGAL SUPPORT SERVICES OMAHA,NEBRASKA 68179 (402)271-4861 UNION VM[IIIC IOW May 4, 2001 Colorado Archeology and Historic Preservation Office 1300 Broadway Denver, CO 80203 RE: Docket No. AB-33 (Sub-No. 182X), Union Pacific Railroad Company -Abandonment Exemption - In Weld and Boulder Counties, Colorado (Boulder Industrial Lead near Valmont. Colorado) Dear Mr. Sir Enclosed for your review are photographs of two bridges 50 years or older which are located on the referenced rail line proposed for abandonment. The bridges are described as follows: Mileoost Description Year Constructed 18.80 WF BM 1937 Total Length: 80 Feet Thru Plate Girder (TPG) 1937 Total Length: 62 Feet Thru Plate Girder (TPG) 1959 Total Length: 62 Feet Thru Plate Girder(TPG) 1959 Total Length: 61 Feet WF BM 1959 Total Length: 21 Feet WF BM 1959 Total Length: 23 Feet 23.66 Timber Pile Trestle (TST - OD) 1921 Total Length: 65.20 Feet Please advise if you believe there is any historical significance to the bridges. Thank you for your assistance. Sincerely, 441 711 Charles W. Saylors (402) 271-4861 GMBANDO-11FORMSSHPO-LTR.182 2 • • _ - _. I - . $ r, ' ss a k 1 h w4 aE ' =I •1i: . . i F t • .Z _ - F E t ic I .i n t ' i ' '- F 1 0.s f♦ _1• "' • t i 9 . cl 4 ' } a Bridge Over 1-25-M.P. 18.79 On the Track Looking East •M _.s-v. 4" 1 a `,.'9 f i 4Y• , 4 r .{ k . •� r ` ' ,,., kI. Y.'a - - r _ '�1 iit - 1I - .. `j a ewr'fr IT s . 1 SM a `S ' • S fir..+• 1t A i 1 1 _/ a Bridge Over I-25-M.P. 18.79 On the Track Looking West • s-aS t r is! t ,,, Bridge Over 1-25-M.P. 18.79 North Side • Lill • Bridge Over 1-25-M.P. 18.79 South Side • I 54 �F RAM sbj�° '-v._ . • /` •e l-t • • • • • • • • • • Trestle Bridge-M.P.23.66 On the rack Looking West Q ' yx. • ,.w `Aid sMw-, � !'die iMai► «tn�+ -'anti 4tj i. • • Trestle Bridge-M.P.23.66 North Side DRAFT FEDERAL REGISTER NOTICE [49 C.F.R. § 1152.60(c)1 STB No. AB-33 (Sub-No. 182X) Notice of Petition for Exemption to Abandon or to Discontinue Service On July 2, 2001, Union Pacific Railroad Company filed with the Surface Transportation Board, Washington, D.C. 20423, a petition for exemption for the discontinuance of service on a line of railroad known as the Boulder Industrial Lead extending from milepost 18.79 near Eagle Mine to milepost 31.0 near Valmont, Colorado, a distance of 12.21 miles in Weld and Boulder Counties, Colorado. The Line traverses through U. S. Postal Zip Codes 80026, 80303, and 80516. There are no agency stations on the Line. The Line does not contain federally granted rights-of-way. Any documentation in the railroad's possession will be made available promptly to those requesting it. The interest of railroad employees will be protected as required by 49 U.S.C. 10903(b)(2). Any offer of financial assistance will be due no later than 10 days after service of a decision granting the petition for exemption. All interested persons should be aware that following abandonment of rail service and salvage of the Line,the Line may be suitable for other public use, including interim trail use. Any request for a public use condition and any request for trail use/rail banking will be due no later than 20 days after notice of the filing of the petition for exemption is published in the Federal Register. Persons seeking further information concerning abandonment procedures may contact the Surface Transportation Board or refer to the full abandonment or discontinuance regulations at 49 CFR Part 1152. Questions concerning environmental issues may be directed to the Board's Section of Environmental Analysis, telephone (202) 565-1545. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary), prepared by the Section of Environmental Analysis will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Any other persons who would like to obtain a copy of the EA (or EIS) may contact the Section of Environmental Analysis. EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. 0.'ADANDO-IU3-I 82XU3SUBI 82.FR Hello