plaistow_dh2.doc

June 9, 2000

VIA FED EX

Joe Plaistow
L. E. Peabody & Associates
1501 Duke St, Suite 200
Alexandria, VA 22314

RE: Camas Prairie

Dear Joe,

Pursuant to our telephone conversation on Friday, June 9, I have enclosed for your information the Quitclaim Deed from the Camas Prairie.

Thank you for sending me a copy of Dick McDonald’s maintenance costs and NLV report. If possible, I would like to discuss with you and Dick (and possibly Tom McFarland) the numerical estimates contained in Dick’s exhibit. In particular, at the time that Dick performed his inspection of the rail line, the State did not know that a federally protected threatened species (the steelhead trout) inhabited the lower 15-mile of the branch. Consequently, the State has asserted and the National Marine Fisheries Service will insist that additional protective measures be taken regarding the removal of bridges, pilings, structures, ballast, tracks and other facilities in this stretch of the line. For example, additional safeguards will be necessary to ensure that sediments and other materials are not introduced into the critical habitat for the steelhead. Because estimating these additional safeguards for removal may be difficult, what we have done in past abandonment cases is to assert that there is no salvage value for this portion of the line. In other words, the additional costs of safely removing the materials equals the amount of salvage value. Thus, there is zero NLV for this stretch.

I hope you get some relaxation this weekend.

Sincerely yours,

Donald L. Howell, II
Deputy Attorney General

Enclosures

bls/L:plaistow_dh2