HomeMy WebLinkAbout20220521.tiffKarl Morell & Associates
440 1st Street, NW, Suite 440
Washington, DC 20001
(202) 595-9045
karlm@karimorell.com
April 6, 2022
Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of Colorado,
L.L.C.-Abandonment Exemption In Weld County, CO
Dear Sir/Madam:
RECEIVED
APR 1 1 2022
WELD COUNTY
COMMISSIONERS
On or shortly after June 1, 2022, Great Western Railway of Colorado, LLC ("GWRC") will be
filing with the Surface Transportation Board ("STB") a Notice of Exemption seeking authority to
abandon the 6.2 -mile rail line located between milepost 0.0, at Johnstown, and milepost 6.2, at Welty, in
Weld County, Colorado (the "Line"). Attached are an Environmental Report and Historic Report
describing the proposed action and any expected environmental and historic effects, as well as a map of
the affected area.
We are providing these reports so that you may review the information that will form the basis for
the STB's independent environmental and historic analyses of this proceeding. If any of the information
is misleading or incorrect, if you believe that pertinent information is missing, or if you have any
questions about the STB's environmental review process, please contact the Section of Environmental
Analysis (SEA), Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001,
Telephone (202) 245-0295, and refer to the above Docket No. AB -857 (Sub -No. 3). Because the
applicable statutes and regulations impose stringent deadlines for processing this action, your written
comments to SEA (with a copy to the undersigned) would be appreciated within 3 weeks.
CQMMU11 ; Co,+-.Qn S CC:PL(TP),PW(sn/ER/CH), 202.2-052
- /1 g /22 C&a8)
'-1 /I H /22.
Your comments will be considered by the STB in evaluating the environmental and/or historic
preservation impacts of the contemplated action. If there are any questions concerning this proposal,
please contact the undersigned.
Sincerely,
Karl Morell
Attorney for Great Western Railway of
Colorado, LLC
Enclosures
:11. i I )II
ENVIRONMENTAL REPORT
(49 C.F.R. SECTION 1105.7)
DOCKET NO. AB -857 (SUB -NO. 3X)
GREAT WESTERN RAILWAY OF COLORADO, LLC
— ABANDONMENT EXEMPTION —
WELD COUNTY, COLORADO
1. Proposed Actions and Alternatives. Describe the proposed action,
including commodities transported, the planned disposition (if any) of any rail line
and other structures that may be involved, and any possible changes in the current
operations or maintenance practices. Also describe any reasonable alternatives to
the proposed action. Include a readable, detailed map and drawings clearly
delineating the project.
Great Western Railway of Colorado, LLC ("GWRC") proposes to abandon its
Welty Branch located between milepost 0.0 at Johnstown, Colorado and milepost 6.2, at
Welty, in Weld County Colorado, totaling approximately 6.2 miles (the "Line"). GWRC
intends to railbank the Line and leave the rail, track materials, and cross ties in place.
In addition, there are no plans of disturbing the underlying roadbed. There are no bridges
to be removed and no surrounding waterways.
Previously, in April 2008, GWRC filed to abandon the Line. See STB Docket
No. AB -857 (Sub -No. 1X), Great Western Railway of Colorado, LLC — Abandonment
Exemption — in Weld County, CO (not printed), served May 6, 2008. The requested
exemption became effective on June 5, 2008. After being granted six extensions of the
deadline to consummate the abandonment, GWRC, on August 28, 2014, notified the
Board that, due to recent industrial expansion in the area, GWRC had decided not to
consummate the abandonment of the Line.
The Line has not been used for local traffic in many years. The Line is stub -
ended and not capable of handling overhead traffic. Therefore, the proposed
abandonment will not change rail freight operations on the Line. The Line has been used
to store rail cars and GWRC plans to continue using a portion of the Line for car storage.
GWRC continues to believe that there will be industrial expansions along the Line
in the near future. Certain "Landowners" are apparently seeking to file an adverse
abandonment and salvage the Line. Consequently, GWRC is seeking abandonment
authority so the GWRC can railbank the Line and preserve the corridor for future rail
service.
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 passenger or freight traffic will be diverted to other modes as a result of the
proposed abandonment. No local traffic has moved over the Line in many years and the
Line is not capable of handling overhead traffic. Therefore, the proposed abandonment
will have no adverse effects on local or regional transportation systems or patterns.
3. Land Use. (i) Based on consultation with local and/or regional
planning agencies and/or a review of the official planning documents prepared by
such agencies, state whether the proposed action is consistent with existing land use
plans. Describe any inconsistencies. (ii) Based on the consultation with the U.S. Soil
Conservation Service, state the effect of the proposed action on any prime
agricultural land. (iii) If the action affects land or water uses within a designated
coastal zone, include the coastal zone information required by §1105.9. (iv) If the
proposed action is an abandonment, state whether or not the right-of-way is suitable
for alternative public use under 49 U.S.C. 10905 § and explain why.
(i) GWRC is confident that the proposed abandonment will be consistent with
local land use plans. GWRC contacted the local government of Weld County. See
Exhibit 2. On January] 19, 2022, Mr. Tom Hartwell of the Weld County Planning
Service left a voice mail stating that Weld County has no concerns about the proposed
abandonment. A copy of this Report is being supplied to the Weld County
Commissioners for their information and further comment.
(ii) GWRC contacted the Natural Resource and Conservation Service
("NRCS") and requeste.l assistance in identifying any potential effects on prime
agricultural land. See Exhibit 3. To date, no response to this inquiry has been received.
that "potential prime agricultural land will be none."
In 2008, NRCS stated the impact on _
See Exhibit 3.
(iii) The Line does not pass through a designated coastal zone.
(iv) The right -f -way involved does not appear to be suitable for alternative
public use other than as a recreational trail since it is located, for the most part, in a rural,
sparsely populated area. 'To State or local entity has expressed an interest in the right-of-
way.
4. Energy. f (i) Describe the effect of the proposed action on
transportation of energy resources. (ii) Describe the effect of the proposed action on
recyclable commodi (iii) State whether the proposed action will result in an
increase or decrease iii overall energy efficiency and explain why. (iv) If the
proposed action will cabse diversions from rail to motor carriage of more than: (A)
7
1,000 rail carloads a year; or (B) an average of 50 rail
any part of the affected line, quantify the rest
consumption and show data and methodology used to
(i) The proposed abandonment will have no
energy resources.
(ii) The proposed abandonment will have no
recyclable commodities.
(iii) The proposed abandonment will have no a
efficiency since no local traffic has moved over the Line
not capable of handling overhead traffic. Any traffic that i
has long ago been transferred either to other modes or othe
ds per mile per year for
net change in energy
at the figure given.
on the transportation of
on the transportation of
verse effect on overall energy
a many years and the Line is
eviously moved over the Line
routings.
(iv) The proposed abandonment will not cause tie diversion of any rail traffic
to motor carriage since no local traffic has been handled over the Line in many years and
the Line is not capable of handling overhead traffic.
5. Air. (i) If the proposed action will result in either: (A) An increase
in rail traffic of at least 100 percent (measured in gross ton miles annually) or an
increase of at least eight trains a day on any segment of rail line affected by the
proposal, or (B) An increase in rail yard activity of at least 100 percent (measured
by carload activity), or (C) An average increase in trick traffic of more than 10
percent of the average daily traffic or 50 vehicles day on any affected road
segment, quantify the anticipated effect on air emissions. For a proposal under 49
U.S.C. § 10901 (or 10502) to construct a new line -or reinstitute service over a
previously abandoned line, only the eight train a Gay 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 ually) 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 whhther any expected increased
emissions are within the parameters established by thel 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 siifety record (to the extent
available) on derailments, accidents and spills; conlngency 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.
z
(i) The proposed abandonment will not result ii meeting or exceeding these
thresholds.
(ii) The proposed abandonment will not result' meeting or exceeding these
thresholds. I .
iii) The proposed abandonment will not affec I the transportation of ozone
(ill) l
depleting materials. I
6. Noise. If any of the thresholds identifid 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; 4r (ii) An increase to a noise
level of 65 decibels Ldn or greater. If so, identify seas Live 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 th ' proposed action on public
health and safety (including vehicle delay time at railrad grade crossings). (ii) If
hazardous materials are expected to be transported, identify: the materials and
quantity; the frequency of service; whether chemicals afre being transported that, if
mixed, could react to form more hazardous compound; safety practices (including
speed restrictions); the applicant's safety record (tt the extent available) on
derailments, accidents and hazardous spills; the contingency plans to deal with
accidental spills; and the likelihood of an accidental rel a of hazardous materials.
(iii) If there are any known hazardous waste sites or kites where there have been
known hazardous materials spills on the right-of-way, dentify the location of those
sites and the types of hazardous materials involved.
(i) The proposed abandonment will have no detrimental effects on public
health and safety. jI
(ii) The proposed abandonment will have no effect on the transportation of
hazardous materials.
(iii) GWRC is unaware of any hazardous waste sites or sites where hazardous
spills have occurred on or along the right-of-way.
8. Biological Resources. (i) Based on consiltations with the U.S. Fish
and Wildlife Service, state whether the proposed actioi is likely to adversely affect
endangered or threatened species or areas designated 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.
4
(i) GWRC notified the U.S. Fish and Wildlife Service ("FWS") of the
proposed abandonment and requested assistance in determining whether endangered or
threatened species or areas designated as a critical habitat are likely to be adversely
affected. See Exhibit 4. According to FWS, "because: there is no construction or
disturbance associated with this project proposal, the Service does not need to provide
review or comment for it to move forward." See Exhibit; 4. A copy of this Report is
being supplied to FWS for its information and further comment.
(ii) There are no wildlife sanctuaries or refuges, National or State parks or
forests along the Line that would be adversely affected by the proposed abandonment.
Nevertheless, GWRC contacted the National Park Service ("NPS") of the proposed
abandonment and requested assistance in identifying any potential effects on wildlife
sanctuaries or refuges, National or State parks or forests.; See Exhibit 5. To date, no
response to this inquiry has been received. In 2008, NPS had no comments regarding the
abandonment of the Welty Branch. A copy of this Report is being supplied to NPS for its
information and comment.
9. Water. (i) Based on consultation with the State water quality
officials, state whether the proposed action is consistent with applicable Federal,
State or local water quality standards. Describe any inconsistencies. (ii) Based on
consultation with the Army Corps of Engineers, state whether permits under section
404 of the Clean Water Act (33 U.S.C. § 1344) are required for the proposed action
and whether any designated wetlands or 100 -year flood plains will be affected.
Describe the effects. (iii) State whether permits under section 402 of the Clean
Water Act (33 U.S.C. § 1342) are required for the proposed action.
(i) GWRC is confident the proposed abandonment will not be inconsistent
with applicable water quality standards. The Line does not cross any bodies of water and
there will be no salvage operations or impacts on water quality in the area. Nevertheless,
GWRC contacted the Colorado I Department of Public Health and Environment
("CDPHE") and the U.S. Environmental Protection Agency ("EPA") concerning this
matter requesting assistance in determining whether the proposed abandonment is
consistent with applicable Federal, ; State, or local water quality standards. See Exhibit 6.
To date, no response has been received from CDPHE. EPA stated that GWRC may need
to obtain a construction stormwater permit if the abandonment will result in disturbance
at least one acre and discharge into state waters." A copy of this Report is being supplied
to CDPHE and EPA for their information and comment.
(ii) GWRC contacted the Corps of Engineers ("Corps") concerning these
matters. See Exhibit 7. To date, no response to this inquiry has been received. A copy
of this Report is being supplied to the Corps for its information and comment.
(iii) GWRC believes the proposed abandonment will not require the issuance
of any permit under Section 402 of the Clean Water Act: GWRC contacted the EPA
concerning this matter and requested assistance in identifying any potential effects on
applicable water quality standards and determining whether the proposed abandonment is
c
consistent with applicable Federal, State, or local water quality standards. See Exhibit 6.
EPA stated that it cannot say for sure whether a Section 402 permit will be required.
Also, if the abandonment results in work in Waters of the U.S., GWRC may need a CWA
404 permit. A copy of this Report is being supplied to the EPA for its information and
further comment.
10. Proposed Mitigation. Describe any actions that are proposed to
mitigate adverse environmental impacts, indicating why the proposed mitigation is
appropriate.
GWRC does not anticipate any adverse environmental impact from the proposed
abandonment and, therefore, sees no need for any mitigating actions. GWRC will, of
course, adhere to any remedial actions suggested by the recipients of this Report and
required by the Board.
EXHIBIT 1
EXHIBIT 2
Karl Morell & Associates
4401St Street, NW, Suite 440
Washington, DC 20001
(202) 595-9045
karlm@karlmorell.com
December 23, 2021
Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of Colorado,
L.L.C.--Abandonment Exemption In Weld County, CO
Dear Sir/Madam:
Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of Exemption
with the Surface Transportation Board ("STB"), on or about February 15, 2022, for GWRC to abandon its
6.2 -mile line of railroad located between milepost 0.0, .at Johnstown, and milepost 6.2, at Welty, in Weld
County, Colorado. A map of the proposed abandonment is attached.
Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, we are advising you of
this proposed action so that you may assist us in identifying any potential effects on -existing land use
plans. We must determine whether the proposed abandonment is inconsistent with existing land use
plans.
We would appreciate your review of the proposed abandonment and any comments you may wish
to offer. We would also appreciate you providing us with a written response so that we can forward it to
the STB.
Thank you in advance for your prompt assistance. If you have any questions concerning this
matter, please contact me.
Sincerely,
Karl Morell
Attorney for:
Great Western Railway of Colorado, LLC
EXHIBIT 3
Karl Morell & Associates
4401St Street, NW, Suite 440
Washington, DC 20001
(202) 595-9045
karlm@karlmorell.com
December 23, 2021
State Conservationist
USDA Natural Resource Conservation Service
Denver Federal Center
Building 56, Room 2400
P.O. Box 25426
Denver, CO 80225-0426
RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of
Colorado, LLC --Abandonment Exemption —In Weld County,
CO
Dear Sir/Madam:
Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about February 15, 2022, for
GWRC to abandon its 6.2 -mile line of railroad located between milepost 0.0, at Johnstown, and
milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is
attached.
Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, we are advising
you of this proposed action so that you may assist us in identifying any potential effects on prime
agricultural land.
We would appreciate your review of the proposed abandonment and any comments you
may wish to offer. We would also appreciate you providing us with a written response so that
we can forward it to the STB.
In 2007, GWRC sought your assistance in the proposed abandonment of this same rail
line. A copy of your response is attached.
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
Sincerely,
Karl Morell
Attorney for:
Great Western Railway of Colorado, LLC
Karl Morell & Associates
4401St Street, NW, Suite 440
Washington, DC 20001
(202) 595-9045
karlm@karlmorell.com
December 23, 2021
U.S. Fish and Wildlife Service
134 Union Blvd.
Lakewood, CO 80228
RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of
Colorado, LLC --Abandonment Exemption —In Weld County, CO
Dear Sir/Madam:
EXHIBIT 4
Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about February 15, 2022, for
GWRC to abandon its 6.2 -mile line of railroad located between milepost 0.0, at Johnstown, and
milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is
attached.
Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, we are advising
you of this proposed action so that you may assist us in determining whether it is likely to
adversely affect endangered or threatened species or areas designated as a critical habitat.
We would appreciate your review of the proposed abandonment and any comments you
may wish to offer. We would also appreciate you providing us with a written response so that
we can forward it to the STB.
In 2007, GWRC sought your assistance in the proposed abandonment of this same rail
line. A copy of your response is attached.
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
Sincerely,
Karl Morel!
Attorney for:
Great Western Railway of Colorado, LLC
Karl Morell
From: Karl Morell
Sent: Saturday, February 05, 2022 9:25 AM
To: 'Williams, Jennifer M'
Subject: RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of Colorado, L.L.C. --
Abandonment Exemption - In Weld County, CO
Thank you for the response. The infrastructure will remain in place. The railroad is planning on railbanking the line as
is. The red line on map is correct.
Karl
From: Williams, Jennifer M <jennifer_williams@fws.gov>
Sent: Tuesday, February 01, 2022 9:13 PM
To: Karl Morell <karlm@karlmorell.com>
Subject: Docket No. AB -857 (Sub -No. 3), Great Western Railway of Colorado, L.L.C. --Abandonment Exemption - In Weld
County, CO
Hi Karl,
The project referenced in the subject line was assigned to me. Apologies for the delayed response. We
are under mandatory telework and only have staff going into the office every 2-3 weeks to check for
mail. In addition, we are moving toward i00% electronic project requests. Please submit all future
requests to us via email at to ensure a timely review and response.
I see that your meeting is rapidly approaching so I will try to get you a response quickly. We need to
know what all is involved with abandoning these particular tracks. Will the infrastructure remain in
place? If so, are there any hazards associated with leaving the material? If infrastructure will be
removed, please describe the level of ground disturbance that will be involved and whether any
construction will occur (for example, building a trail in the place of the railroad).
In the map that you provided, is it just the section I traced in red that will be abandoned?
a:yfr7r*k . yI
��°a t."'� rtes.:µ .•,�.-,;�;d.��,s:�. .,r'�
Thank you,
Jen
Dr. Jen Williams ( )
Fish and Wildlife Biologist
Colorado Ecological Services Field Office
134 Union Blvd
Lakewood CO 80228
303-236-4758
6
Karl Morell
From: Williams, Jennifer M <jennifer williams@fws.gov>
Sent: Thursday, February 10, 2022 12:42 PM
To: Karl Morell
Subject: Re: [EXTERNAL] RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of Colorado,
L.L.C. --Abandonment Exemption In Weld County, CO
Hi Karl,
Thank you for contacting the U.S. Fish and Wildlife Service (Service). Because there is no
construction or disturbance associated with this project proposal, the Service does not need to provide
review or comment for it to move forward. Therefore, the Service will not provide additional response
beyond this notification. We appreciate your efforts to ensure the conservation of threatened and
endangered species.
Project Number: 2022 -TA -0433
Kind regards,
Jen Williams
Dr. Jen Williams ( )
Fish and Wildlife Biologist
Colorado Ecological Services Field Office
134 Union Blvd
Lakewood CO 80228
303-236-4758
From: Karl Morell <karlm@karlmorell.com>
Sent: Saturday, February 5, 2022 7:25 AM
To: Williams, Jennifer M <jennifer_williams@fws.gov>
Subject: [EXTERNAL] RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of Colorado, L.L.C. --Abandonment
Exemption - In Weld County, CO
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Thank you for the response. The infrastructure will remain in place. The railroad is planning on railbanking the line as
is. The red line on map is correct.
Karl
From: Williams, Jennifer M <jennifer_williams@fws.gov>
Sent: Tuesday, February 01, 2022 9:13 PM
To: Karl Morell <karlm@karlmorell com>
Subject: Docket No AB -857 (Sub -No 3), Great Western Railway of Colorado, L L C --Abandonment Exemption - In Weld
County, CO
Hi Karl,
i J
The project referenced in the subject line was assigned to me. Apologies for the delayed response. We
are under mandatory telewdrk and only have staff going into the office every 2-3 weeks to check for
mail. In addition, we are moving toward i00% electronic project requests. Please submit all future
requests to'us via email at to ensure a timely review and response
I see that your meeting is rapidly approaching so I will try to get you a response quickly. We need to
know what all is involved with abandoning these particular tracks. Will the infrastructure remain in
place? If so, are there any hazards associated with leaving the material? If infrastructure will be
removed, please describe the level of ground disturbance that will be involved and whether any
construction will occur (for example, building a trail in the place of the railroad).
In the map that you provided, is it just the section I traced in red that will be abandoned?
t~ �
1 .U..i7tiC� p� ��y�rfiv l A,:e1 too ;
4
I ( -
^ ' 7
r 3!-tt°o.t 1
rivt,�ie•nry
r3rl
Thank you,
Jen
Dr. Jen Williams ( )
Fish and Wildlife Biologist
Colorado Ecological Services Field Office
134 Union Blvd
Lakewood CO 80228
2
EXHIBIT 5
Karl Morell & Associates
440 1St Street, NW, Suite 440
Washington, DC 20001
(202)595-9045
karlm@karlmorell.com
December 23, 2021
National Park Service
RTCA Program
1849 C Street, NW
Washington, D.C. 20240
RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of
Colorado, LLC --Abandonment Exemption —In Weld County,
CO
Dear Sir/Madam:
Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about February 15, 2022, for
GWRC to abandon its 6.2 -mile line of railroad located between milepost 0.0, at Johnstown, and
milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is
attached.
Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, we are advising
you of this proposed action so that you may assist us in identifying any potential effects on
wildlife sanctuaries or refuges, National or State parks or forests.
We would appreciate your review of the proposed abandonment and any comments you
may wish to offer. We would also appreciate you providing us with a written response so that
we can forward it to the STB.
In 2007, GWRC sought your assistance in the proposed abandonment of this same rail
line. A copy of your response is attached.
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
Sincerely,
Karl Morell
Attorney for:
Great Western Railway of Colorado, LLC
EXHIBIT 6
Karl Morel! & Associates
4401St Street, NW, Suite 440
Washington, DC 20001
(202) 595-9045
karlm@karlmorell.com
December 23, 2021
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246
RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of
Colorado, LLC --Abandonment Exemption —In Weld County,
CO
Dear Sir/Madam:
Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about February 15, 2022, for
GWRC to abandon its 6.2 -mile line of railroad located between milepost 0.0, at Johnstown, and
milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is
attached.
Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, we are advising
you of this proposed action so that you may assist us in identifying any potential effects on
applicable water quality standards. We also seek your assistance in determining whether the
proposed abandonment is consistent with applicable Federal, State or local water quality
standards. GWRC does not believe any permits under Section 402 of the Clean Water Act will
be required.
We would appreciate your review of the proposed abandonment and any comments you
may wish to offer. We would also appreciate you providing us with a written response so that
we can forward it to the STB.
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
Sincerely,
Karl Morell
Attorney for:
Great Western Railway of Colorado, LLC
Karl Morell & Associates
4401St Street, NW, Suite 440
Washington, DC 20001
(202) 595-9045
karlm@karlmorell.com
December 23, 2021
U.S. Environmental Protection Agency
1595 Wynkoop Street
Denver, CO 80202-1129
RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of
Colorado, LLC --Abandonment. Exemption —In Weld County,
CO
Dear Sir/Madam:
Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about February 15, 2022, for
GWRC to abandon its 6.2 -mile line of railroad located between milepost 0.0, at Johnstown, and
milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is
attached.
Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, we are advising
you of this proposed action so that you may assist us in identifying any potential effects on
applicable water quality standards. We also seek your assistance in determining whether the
proposed abandonment is consistent with applicable Federal, State or local water quality
standards. GWRC does not believe any permits under Section 402 of the Clean Water Act will
be required.
We would appreciate your review of the proposed abandonment and any comments you
may wish to offer. We would also appreciate you providing us with a written response so that
we can forward it to the STB.
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
Sincerely,
Karl Morel!.
Attorney for:
Great Western Railway of Colorado, LLC
Karl Morell
From: Snyder, Shannon (she/her) <snyder.shannon@epa.gov>
Sent: Tuesday, February 08, 2022 6:16 PM
To: Karl Morell
Subject: Great Western Railway Docket No. AB -857 (Sub -No. 3)
Attachments: Scanned from R08-DEN-5137-M01-12-2022-175105.pdf
Dear Karl Morell,
We received your attached letter regarding the Great Western Railway Abandonment Exemption in Weld County,
Colorado. In your letter, you are notifying EPA of this proposed action so that we can assist with identifying any potential
impacts under 49 CFR Part 1105. The letter does not provide adequate information for us to identify the potential
impacts of this proposed action, and the map provided doesn't include any waterbodies to help identify potential water
quality standards impacts. However, based upon the provided information, you may need to obtain a construction
stormwater permit from the Colorado Department of Public Health and Environment (CDPHE) if the abandonment will
result in disturbance at least one acre and discharge into state waters. In your letter it states that you don't believe
Clean Water Act (CWA) 402 permits are needed, but based upon the provided information we cannot say that for sure.
Additionally, we don't know what the abandonment entails, but if it will result in work in Waters of the U.S. you may
need a CWA 404 permit. For further information about the construction stormwater permit here is a link to the CDPHE
Colorado Construction Stormwater Permit:
Please let me know if I can be of further assistance.
Shannon
U.S. EPA, Region 8, 8ORA-N
NEPA Branch
Office of the Regional Administrator
1595 Wynkoop Street
Denver, CO 80202-1129
p: (303) 312-6335 / f: (303) 312-7203
EXI3IBIT 7
Karl Morell & Associates
4401St Street, NW, Suite 440
Washington, DC 20001
(202) 595-9045
karlm@karlmorell.com
December 23, 2021
U.S. Army Engineer, Omaha District
1616 Capitol Street, STE 9000
Omaha, Nebraska 68102
RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of
Colorado, LLC --Abandonment Exemption —In Weld County,
Co
Dear Sir/Madam:
Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about February 15, 2022, for
GWRC to abandon its 6.2 -mile line of railroad located between milepost 0.0, at Johnstown, and
milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is
attached.
Pursuant to the STB's environmental regulations at 49 C.F.R., Part 1105, we are advising
you of this proposed action so that you may assist us in identifying any potential effects on
designated wetlands or 100 -year flood plains. GWRC does not believe any permits under
Section 404 of the Clean Water Act will be required.
We would appreciate your review of the proposed abandonment and any comments you
may wish to offer. We would also appreciate you providing us with a written response so that
we can forward it to the STB.
In 2007, GWRC sought your assistance in the proposed abandonment of this same rail
line. A copy of your response is attached.
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
Sincerely,
Karl Morel!
Attorney for:
Great Western Railway of Colorado, LLC
EXHIBIT E
HISTORIC REPORT
(49 CFR SECTION 1105.8)
STB DOCKET NO. AB -857 (SUB -NO. 3X)
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 any rail line
and other structures that may be involved, and any possible changes in the current
operations or maintenance practices. Also describe any reasonable alternatives to
the proposed action. Include a readable, detailed map and drawings clearly
delineating the project.
Great Western Railway of Colorado, LLC ("GWRC") proposes to abandon its
Welty Branch located between milepost 0.0 at Johnstown, Colorado and milepost 6.2, at
Welty, in Weld County Colorado, totaling approximately 6.2 miles (the. "Line"). GWRC
intends to railbank the Line and leave the rail, track materials, and cross ties in place.
In addition, there are no plans of disturbing the underlying roadbed. There are no bridges
to be removed and no surrounding waterways.
Previously, in April 2008, GWRC filed to abandon the Line. See STB Docket
No. AB -857 (Sub -No. lx), Great Western Railway of Colorado, LLC — Abandonment
Exemption — in Weld County, CO (not printed), served May 6, 2008. The requested
exemption became effective on June 5, 2008. After being granted six extensions of the
deadline to consummate the abandonment, GWRC, on August 28, 2014, notified the
Board that, due to recent industrial expansion in the area, GWRC had decided not to
consummate the abandonment of the Line.
The Line has not been used for local traffic in many years. The Line is stub -
ended and not capable of handling overhead traffic. Therefore, the proposed
abandonment will not change rail freight operations on the Line. The Line has been used
to store rail cars and GWRC plans to continue using a portion of the Line for car storage.
GWRC continues to believe that there will be industrial expansions along the Line
in the near future. Certain "Landowners" are apparently seeking to file an adverse
abandonment and salvage the Line. Consequently, GWRC is seeking abandonment
authority so the GWRC can railbank the Line and preserve the corridor for future rail
service.
A map of the proposed abandonment is attached as Exhibit 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 depicting the Line proposed for abandonment were supplied to the
Colorado State Historic Preservation Officer ("SHPO"). See Exhibit 2. There are no
structures 50 years old or older associated with the abandonment of the Line.
2. A written description of the right-of-way (including approximate
widths, to the extent known) and the topography and urban and/or rural
characteristics of the surrounding area.
The Line branches off. GWRC's mainline at the intersection of route 17 and N 2d
Street in Johnstown (population 9,887), extends in a southwesterly direction through
Johnstown until it reaches route 15 and then extends westerly through a predominantly
rural area to the end of the Line just west of Interstate Hwy 25. The basic rail corridor
right-of-way is approximately 80 feet in width for the majority of the length of the Line.
3. Good quality photographs (actual photographic prints, not
photocopies) of railroad structures on the property that are 50 years or older and of
the immediate surrounding area.
There are no railroad structures on the Line that are 50 years old or older.
4. The date(s) of construction of the structure(s), and extent of any
major alterations, to the extent such information is known.
There are no railroad structures on the Line that are 50 years old or older.
5. A brief narrative history of carrier operations in the area, and an
explanation of what, if any, changes are contemplated as a result of the proposed
action.
GWRC is the successor to the Great Western Railway Company that constructed
the Line sometime between 1901 and 1906 primarily to serve the sugar beet industry in
the area. Subsequently, the Line was used to transport various agricultural products. The
Line, however, has not been used for many years. Because no traffic has moved over this
1)
Line in many 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 C.F.R. 60.4), and whether there is a
likelihood of archeological resources or any other previously unknown historic
properties in the project area, and the basis for these opinions (including any
consultations with the State Historic Preservation Office, local historical societies or
universities).
The Line contains no historic structures and GWRC is unaware of any
archeological resources or railroad historic properties along the Line.
On December 28, 2021, GWRC sent a letter to the SHPO eliciting their views on
the proposed abandonment. See Exhibit 2. In response, the SHPO stated that "[w]e
concur with your assessment that the proposed undertaking will have no adverse effect on
historic properties, provided the Railway remains committed to railbanking this section of
the track." See Exhibit 3,
8. A description (based on readily available information in the railroad's
possession) of any known prior subsurface ground disturbance or fill,
environmental conditions (naturally occurring or manmade) that might affect the
archeological recovery of resources (such as swampy conditions or the presence of
toxic waste), and the surrounding terrain.
There are no existing records as to the nature of any known subsurface ground
disturbance or fill, or environmental condition that might affect the archeological
recovery of any potential resources.
9. Within 30 days of receipt of the historic report, the State Historic
Preservation Officer may request the following additional information regarding
specified nonrailroad owned properties or groups of properties immediately
adjacent to the railroad right-of-way: photographs of specified properties that can
be readily seen from the railroad right-of-way (or other public rights -of -way
adjacent to the property) and a written description of any previously discovered
archeological sites, identifying the location and type of the site (i.e., prehistoric or
native American).
q
GWRC will work with the SHPO on the matters discussed above and will provide
the SHPO whatever additional information is need in association with the proposed Line
abandonment.
It
Karl Morell & Associates
4401s, Street, NW, Suite 440
Washington, DC 20001
(202) 595-9045
karlm@karlmorell.com
December 23, 2021
Colorado Archeology and Historic Preservation Office
1200 Broadway
Denver, Colorado 80203
RE: Docket No. AB -857 (Sub -No. 3), Great Western Railway of
Colorado, LLC --Abandonment Exemption In Weld County,
Co
Dear Sir/Madam:
Great Western Railway of Colorado, LLC ("GWRC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about February 15, 2022, for
GWRC to abandon its 6.2 -mile line of railroad located between milepost 0.0, at Johnstown, and
milepost 6.2, at Welty, in Weld County, Colorado. A map of the proposed abandonment is
attached. One of the requirements for this filing with the STB is that the carrier contact the State
Historic Preservation Office regarding the proposed abandonment.
Enclosed is a map depicting the area where the rail line is located. The proposed
abandonment will involve the removal of the rail, track material, and crossties.
The rail line GWRC seeks to abandon is located in Weld County, Colorado. The line
begins at milepost 0.0, at Johnstown, and extends generally in a westerly direction to the end of
the line at milepost 6.2, at Welty. The line crosses through predominately flat, rural areas.
There are no structures 50 years old or older associated with the abandonment of the 6.2 -
mile rail line.
In 2007, GWRC sought your assistance in the proposed abandonment of this same rail
line. A copy of your response is attached. GWRC also retained URS Corporation to prepare a
report which was submitted to your office. Attached is the correspondence between URS and
your office. Should you require an additional copy of the URS August 2008 report, please
contact me.
We will send you a copy of the Historic Report as soon as it is completed. If I can of
further assistance regarding this matter, please call me.
Sincerely,
Karl Morel!
Attorney for
Great Western Railway of Colorado, LLC
HISTORY
10 January 2022
Karl Morell
Karl Morell & Associates
440 1 St., NW, Suite 440
Washington, DC 20001
EXHIBIT 3
HC #80837
RE: Abandonment Exemption, Great Western Railway of Colorado, MP 0.0 to MP 6.2,
Johnstown to Welty, Weld County (Docket No. AB -857 (Sub -No. 3)
Dear M. Morell:
Thank you for your recent correspondence received 4 January 2022, concerning the proposed
abandonment and railbanking of a section of track in Weld County. Our office has reviewed the
submitted materials. This section of the Welty Branch (5WL.841.15) supports to overall
eligibility of the resource. We concur with your assessment that the proposed undertaking will
have no adverse effect on historic properties, provided the Railway remains committed to
railbanking this section of the track.
If you have any questions, please contact Joseph Saldibar, Architectural Services Manager, at
(303) 866-3741 or (303) 842-5619.
Sincerely,
Dr. 1 Holl`, Kathryn Norton Digitally signed by Dr. Holly Kathryn Norton
Date: 2022.01.12 11:23:51 -07'00'
Dawn DiPrince
State Historic Preservation Officer
HI CTn,V C'ni nIAnn CF N1T, P I')nn 1 ', nw Av Ilrnivip Cfl R (V)n1
Hello