20070503STB filing.pdf

BALL JANIK LLP
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KARL MORELL
1455 F STREET, NW, SUITE 225
WASHINGTON, D.C. 20005
www.balljanik.com
TELEPHONE [phone]
FACSIMILE 202-783-6947
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April 30, 2007
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BY HAND DELIVERY
The Honorable Vernon Williams
Surface Transportation Board
395 E Street, S.
Washington , DC 20423
Re:STB Docket No. AB-570 (Sub-No. 2X), palouse River & Coulee
City Railroad. Inc. -- Abandonment Exemption -- In Latah County.
Idaho
Dear Secretary Williams:
Attached for filing are the original and ten copies of a Petition for
Exemption under 49 U.C. 9 10502. Also attached is a check covering the $5,300
filing fee.
Please time and date stamp the extra copy of the Petition and return it
with our messenger.
If you have any questions, please call me.
;j~
Karl Morell
Enclosures
PORTLAND. OREGON WASHINGTON. D.BEND. OREGON
BEFORE THE
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STB DOCKET NO. AB-570 (Sub-No. 2X)
ALOUSE RIVER & COULEE CITY RAILROAD, INC.
ABANDONMENT EXEMPTION-
IN LATAH COUNTY, IDAHO
PETITION FOR EXEMPTION
Karl Morell
Of Counsel
Ball Janik LLP
1455 F Street, N.
Suite 225
Washington, D.C. 20005
[phone]
Attorney for:
Palouse River & Coulee City
Railroad, Inc.
Dated: April 30, 2007
BEFORE THE
SURFACE TRANSPORTATION BOARD
STB DOCKET NO. AB-570 (Sub-No. 2X)
ALOUSE RIVER & COULEE CITY RAILROAD, INC.
ABANDONMENT EXEMPTION-
IN LATAH COUNTY, IDAHO
PETITION FOR EXEMPTION
Palouse River & Coulee City Railroad, Inc. ("PRCC") petitions the Surface
Transportation Board ("STB" or "Board") to exempt, under 49 U.C. ~ 10502, from the prior
approval requirements of 49 U.C. ~ 10903 , PRCC's abandonment of a O.2-mile rail line
located in Latah County, Idaho.
PROPOSED TRANSACTION
PRCC proposes to abandon its rail line located between mileposts 85.91 and 86.
within the city of Moscow, in Latah County, Idaho (the "Line ). The Line traverses U.S. Postal
Service Zip Code 83843. A map of the Line is attached as Exhibit A.
Based on information in PRCC's possession , the Line does not contain any federally
granted right-of-way. Any documentation in PRCC's possession will be made available to those
requesting it.
STATEMENT OF FACTS
The only traffic that moved over the Line since it was acquired by PRCC was on behalf
of the Moscow Idaho Seed Company ("Idaho Seed") which had a seed processing factory located
adjacent to the Line. Idaho Seed processed and warehoused peas and lentils for sale around the
world. In 2005, PRCC handled 44 carloads of traffic for Idaho Seed. In early 2006, PRCC
handled one (1) final carload for Idaho Seed before it closed its facilities. Idaho Seed either has
or is in the process of selling its facilities to a commercial developer. Once this site is
redeveloped any possible need for future rail service along the Line will have been eliminated.
No local traffic has moved on the Line in over a year. The Line is stub-ended and
therefore, incapable of handling overhead traffic. The area surrounding the Line is undergoing
commercial redevelopment which is being impeded by the Line. For example, Gritman Medical
Center, Inc., is seeking to expand its facilities on the land under the bridge at the east end of the
Line.
Because there have been no operations or maintenance on the Line in over a year, the
only costs currently associated with the Line are property taxes and certain minor administration
costs. The Line, however, requires substantial rehabilitation if rail operations were to resume.
EXEMPTION REQUESTED
PRCC seeks an exemption under 49 U.C. ~ 10502 from the applicable requirements of
49 U.C. ~ 10903 in order for PRCC to abandon this O.2-mile rail line.
Under 49 U.C. ~ 10502, the STB must exempt a transaction from regulation when it
finds that:
(1)regulation is not necessary to carry out the rail transportation policy of 49 U.
~ 10101; and
(2)either:
(a)the transaction is of limited scope; or
(b)regulation is not necessary to protect shippers from the abuse of market
power.
The legislative history of Section 10502 reveals a clear Congressional intent that the STB
should liberally use its exemption authority to free certain transactions from the administrative
and financial costs associated with continued regulation. In enacting the Staggers Act of 1980
Pub. L. No. 96-448, 94 Stat. 1895, Congress encouraged the STB's predecessor to liberally use
the expanded exemption authority under former Section 10505:
The policy underlying this provision is that while Congress has
been able to identify broad areas of commerce where reduced
regulation is clearly warranted, the Commission is more capable
through the administrative process of examining specific
regulatory provisions and practices not yet addressed by Congress
to determine where they can be deregulated consistent with the
policies of Congress. The conferees expect that, consistent with
the policies of this Act, the Commission will pursue partial and
complete exemption from remaining regulation.
R. Rep. No. 1430, 96th Congo 2d Sess. 105 (1980). See also Exemption From Regu1ation-
Boxcar Traffic, 367 I.C.C. 424 428 (1983), vacated and remanded on other grounds Brae Corp.
v. United States, 740 F.2d 1023 (D.C. Cir. 1984). Congress reaffirmed this policy in the
conference report accompanying the ICC Termination Act of 1995 , Pub. L. No. 104-, 109 Stat.
803 , which re-enacted the rail exemption provisions as Section 10502. H.R. Rep. 422, 104th
Cong., 1 st Sess. 168-69 (1995).
The Application Of 49 U.c. ~ 10903 Is Not Necessary to Carry Out The
Rail Transportation Policy
Detailed scrutiny of this transaction is not necessary to carry out the rail transportation
policy. An exemption would minimize the unnecessary expenses associated with the filing of a
formal abandonment application, expedite regulatory decisions and reduce regulatory barriers to
exit (49 U.C. ~ 10101(2) and (7)). See, e.g., Norfolk WRy. Co. -Abandonment Exem.
Cinn., Hamilton County, OH B. 110 (1998); STB Docket No. AB-367 (Sub-No. 2X),
Georgia Central Railroad, LP. Abandonment Exemption In Chatham County, GA (not
printed), served September 17, 1997 Georgia Centrar). By abandoning the Line, PRCC will
be able to avoid the rehabilitation and maintenance costs necessary to reactivate the Line and the
ownership costs associated with retaining a line that has been dormant for over a year. Granting
the exemption will thus foster sound economic conditions and encourage efficient management.
49 U.C. ~ 10101(5) and (9). See, e.
g.,
STB Docket No. AB-318 (Sub-No. 4X),Louisiana
Delta Railroad, Inc. Abandonment Exemption In Lafourche and Assumption Parishes, LA
(not printed), served August 26, 1997; STB Docket No. AB-497 (Sub-No. IX), Minnesota
Northern Railroad, Inc. Abandonment Exemption In Red Lake and Polk Counties, MN (not
printed), served November 14, 1997. PRCC will be able to rid itself of a line that has not seen
traffic in over a year and utilize the salvage funds to maintain the tracks on the remainder of
PRCC's system. Other aspects of the rail transportation policy are not affected adversely. For
example, competition and the continuation of a sound rail transportation system are not affected
since there are no active shippers on the Line and no need for rail service along the Line.
This Transaction Is Of Limited Scope
In determining whether a proposed transaction is of limited scope, the Board considers a
variety of factors, such as the length of the rail line, the number of shippers on the line and the
traffic volume. See, e.
g.,
Docket No. AB-347 (Sub-No. IX), Florida West Coast Railroad
Company Abandonment Exemption Gilchrist and Levy Counties, FL (not printed), served
January 16, 1992; Docket No. AB-6 (Sub No. 349X), Burlington Northern Railroad Company-
Abandonment Exemption In Greene and Polk Counties, MO (not printed), served August 27
1993.
The proposed transaction is clearly oflimited scope. PRCC is seeking to abandon a 0.
mile line that traverses an urban area where there has been no demand for rail service for over a
year. The only former rail user has closed its facilities and the surrounding area is being
redeveloped for a use that has no need for rail service. The shortness of the Line, the limited
geographic area involved, and the lack of use all demonstrate the limited scope of the proposed
abandonment. See, e.
g.,
Docket No. AB-397 (Sub-No. 3X), Tulare Valley Railroad Company-
Abandonment Exemption In Tulare And Fresno Counties, CA (not printed), served February 9
1995.
This Transaction Will Not Result In An Abuse of Market
Power
The only former rail user has closed its facilities and there has been no freight traffic on
the Line for over a year. Therefore, regulation is not necessary to protect shippers from an abuse
of market power. See, e.
g.,
STB Docket No. AB-55 (Sub-No. 576) CSX Transportation, Inc.
Abandonment Exemption In Guernsey County, OH (not printed), served November 22, 1999;
STB Docket No. AB-55 (Sub-No. 563X), CSX Transportation, Inc. Abandonment Exemption
In Harrison County, WV (not printed), served September 25, 1998; Georgia Central.
ENVIRONMENTAL AND HISTORIC REPORTS
The Revised Environmental Report and the Revised Historic Report containing the
information required by 49 C.R. ~~ 1105.07 and 1105.08 are attached as Exhibit D.l The
Certificate of Service is attached as Exhibit C.
FEDERAL REGISTER NOTICE
A draft Federal Register notice is attached to this Petition as Exhibit B.
LABOR PROTECTION
The interests of railroad employees who may be adversely affected by the proposed
abandonment will be adequately protected by the labor protection conditions in Oregon Short
Line R. Co. - Abandonment - Goshen, 360 LC.C. 91 (1979).
1 The original Environmental and Historic Reports were filed with the Board and served on
January 17, 2007. The Revised Environmental and Historic Reports were filed with the Board
and served on April 20, 2007.
CONCLUSION
Application of the regulatory requirements and procedures of 49 U.C. ~ 10903 is not
required to carry out the rail transportation policy set forth in 49 U.C. ~ 10101, as previously
described in this Petition. Nor is STB regulation required to protect shippers from the abuse of
market power. Moreover, this abandonment is oflimited scope. Accordingly, PRCC
respectfully urges the Board to grant the requested exemption.
Respectfully submitted
Karl Morell
Of Counsel
Ball Janik LLP
1455 F Street, N.
Suite 225
Washington, D.c. 20005
[phone]
Dated: April 30, 2007
EXHIBIT A
EXHIBIT B
SURF ACE TRANSPORTATION BOARD
STB DOCKET NO. AB-570 (Sub-No.2X)
P ALOUSE RIVER & COULEE CITY RAILROAD, INC.
ABANDONMENT EXEMPTION--
IN LATAH COUNTY, IDAHO
On April 30, 2007, Palouse River & Coulee City Railroad, Inc. (PRCC) filed with the
Surface Transportation Board a petition under 49 U.C. 10502 for exemption from the provision
of 49 V.C. 10903 for PRCC to abandon a line of railroad extending from railroad milepost
85.91 to railroad milepost 86., in Moscow, which traverses U.S. Postal Service Zip Code
83843 , a distance of 0.20 miles in Latah County, Idaho. There are no stations on the line for
which abandonment exemption was filed.
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 interests of railroad employees will be protected by the conditions set forth in
Oregon Short Line R. Co. - Abandonment - Goshen, 360 LC.C. 91 (1979).
By issuance of this notice, the Board is instituting an exemption proceeding pursuant to
49 U.C. 10502(b). A final decision will be issued within 90 days (by July _2007).
Any offer of financial assistance under 49 C.R. 1152.27(b)(2) will be due no later than
10 days after service of a decision granting the petition for exemption. Each offer of financial
assistance must be accompanied by the filing fee, which currently is set at $1 300. See 49 C.
1002.2(t)(25).
All interested person 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 under 49 c.F .R. 1152.28 and any request for trail use/rail
banking under 49 C.F .R. 1152.29 will be due no later than 20 days after notice of the filing of the
petition for exemption is published in the Federal Register. Each trail use request must be
accompanied by a $200 filing fee. See 49 C.R. 1002.2(f)(27).
All filings in response to this notice must refer to STB Docket No. AB-570 (Sub-No. 2X)
and must be sent to: (1) Office of the Secretary, Case Control Unit, Surface Transportation
Board, 1925 K Street, N., Washington, DC 20423-0001 , (2) Karl Morell, Of Counsel, Ball
Janik LLP, 1455 F Street, N., Suite 225, Washington, DC 20005.
Persons seeking further information concerning abandonment procedures may contact the
Board's Office of Public Services at [phone] or refer to the full abandonment or
discontinuance regulations at 49 C.F .R. Part 1152. Questions concerning environmental issues
may be directed to the Board's Section of Environmental Analysis at [phone] (TDD for
the hearing impaired is available at [phone].
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 available
within 60 days of the filling of the petition. The deadline for submission of comments on the EA
will generally be within 30 days of its service.
Decided:2007.
By the Board, David M. Konschnik, Director, Office of Proceedings
Vernon A. Williams
EXHIBIT C
CERTIFICATE OF SERVICE
Pursuant to 49 C.F .R. ~ 1152.60( d), the undersigned hereby certifies that the Petition for
Exemption in STB Docket No. AB-570 (Sub-No. 2X) was mailed via first class mail on April
, 2007, to the following parties:
State Public Service Commission National Park Service
Commission Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
Chief of National Recreation and Trails
S. Dept. of Interior - Nat'l. Park Service
Recreation Resources Assistance Division
1849 C Street, NW
Washington, DC 20240-0001
National Park Service
Military Traffic Management Command
MTMCTEA
ATTN: Railroads for National Defense
720 Thimble Shoals Blvd., Suite 130
Newport News, VA 23606-2574
National Park Service
One Jackson Center
1111 Jackson Street, Suite 700
Oakland, CA 94607
S. Department of Agriculture
S. Department of Agriculture
Chief of the Forest Service
4th Floor N., Auditors' Building
14th St. and Independence Ave., S.
Washington, DC 20250
Dated: April 30, 2007
CERTIFICATE OF PUBLICATION
The undersigned hereby certifies that notice of the proposed abandonment in STB Docket
No. AB-570 (Sub-No. 2X) was published on February 1 , 2007, in the Moscow- Pullman Daily
News, a newspaper of general circulation in Latah County, Idaho as required by 49 C.R. ~
1105.12.
Dated: April 30, 2007
0tMKarl Morell
ENVIRONMENT AL RE~ORT
CERTIFICATE OF SERVICE
Pursuant to the requirements of 49 C.R. ~ 1105., the undersigned hereby certifies
that a copy ofthe Environmental Report in STB Docket No. AB-570 (Sub-No. 2X) was mailed via
first class mail on January 17 2007, and that a copy of the Revised Environmental Report in STB
Docket No. AB-570 (Sub-No. 2X), was mailed via first class mail on April 10, 2007 to the
following parties:
Commission Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
Latah County Commissioners
O. Box 8068
Moscow, ID 83843
Mr. Richard Sims
State Conservationist
USDA Natural Resources Conservation Service
9173 W. Barnes Drive, Suite C
Boise, ID 83709-1574
Jeffery L. Foss, Field Supervisor
S. Fish and Wildlife Service
1387 S. Vinnell Way, Room 368
Boise, ID 83709
National Park Service
One Jackson Center
1111 Jackson Street, Suite 700
Oakland, CA 94607
Mr. Hudson Mann
Acting Regional Administrator
Department of Environmental Quality
1118 F Street
Lewiston, ID 83501
S. Environmental Protection Agency
1200 Sixth Avenue
Seattle, W A 98101
S. Army Engineer District, Walla Walla
201 North Third Avenue
Walla Walla, WA 99362-1876
The National Geodetic Survey
Department of CommercelNOAA
SSMC3
Station 9356
1315 East West Highway
Silver Spring, MD 20910
Dated: April 30, 2007
!:J ()u-f/
Karl Morell
HISTORIC REPORT
CERTIFICATE OF SERVICE
Pursuant to the requirements of 49 C.R. ~ 1105.8(c), the undersigned hereby certifies
that a copy of the Historic Report in STB Docket No. AB-570 (Sub-No. 2X) was mailed via first
class mail on January 17, 2007, and a copy ofthe Revised Historic Report in STB Docket No.
AB-570 (Sub-No. 2X) was mailed via first class main on April 10, 2007, to the following party:
Ms Susan Pengilly Neitzel
Deputy SHPO
Idaho State Historical Society
2205 Old Penitentiary Road
Boise, ID 83712-8250
Dated: April 30, 2007
10~Karl Morell
EXHIBIT D
REVISED ENVIRONMENTAL REPORT
(49 c.F.R. 1105.
Docket No. AB-570 (Sub-No. 2X)
ALOUSE RIVER & COULEE CITY RAILROAD, INC.
ABANDONMENT EXEMPTION--
IN LATAH COUNTY, IDAHO
(1) Proposed Action and Alternatives.Describe the proposed action, including
commodities transported, the planned disposition (if any) of any rail line and other
structures that may be involved, and any possible changes in current operations or
maintenance practices. Also describe any reasonable alternatives to the proposed action.
Include a readable, detailed map and drawings clearly delineating the project.
Palouse River & Coulee City Railroad, Inc. ("PRCC"), proposes to abandon its 0.2-mile
rail line between mileposts 85.91 and 86.11 , in Moscow, Idaho (the "Line ). Upon receipt of
abandonment authority, PRCC intends to remove the rail, track material, and crossties. There is
one bridge at the end of the Line. I The bridge and the land underneath the bridge are owned by
Gritman Medical Center ("Gritman ). To the best ofPRCC's knowledge, Gritman will likely
remove the bridge once this abandonment is consummated as part of the expansion of its Medical
Center.
The proposed abandonment will not change rail freight operations or maintenance
practices on the Line. No local or overhead traffic is being handled on the Line. There currently
are no active rail shippers located along the Line. The last active shipper on the Line, Moscow
Idaho Seed Company, shipped one carload in early 2006 before closing its facility on the Line.
All former overhead traffic has been rerouted over a parallel line.
l There are two tracks on the bridge: the line being abandoned and the remaining segment of
a spur track that was used to serve a former shipper. The remaining segment of the spur track
The only alternative to abandonment would be not to abandon the Line and forcing PRCC
to absorb the opportunity costs of retaining this inactive Line. This would not be a prudent use of
carrier resources. The Line is in poor condition and in need of substantial rehabilitation.
Maps of the proposed abandonment are attached hereto 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 or
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 been handled on the Line for over a year. All former
overhead traffic has been rerouted over a parallel line. Since the Line no longer handles rail
traffic, the proposed abandonment will have no adverse effects on regional or local transportation
systems and 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. (ll) Based on consultation with the U.S. Soil Conversation 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 V.C. ~ 10905 and explain why.
(i) PRCC does not consider the proposed abandonment to be inconsistent with existing
land use plans. PRCC contacted the Latah County Commissioners. See Exhibit 2. No response
will also be removed as part of the planned salvage operations. The abandonment of the spur
track, however, does not require prior Board approval. See 49 U.C. ~ 10906.
to this inquire has been received to date. A copy of this Revised Report has been mailed to the
appropriate local and state agencies for their information and comment.
(ii) PRCC notified the U.S. Soil Conservation Service ("Conservation Service ) ofthe
proposed abandonment and requested assistance in identifying any potential effects on prime
agricultural land. See Exhibit 3. According to the Conservation Service, the area where the Line
is located is not subject to the Farmland Protection Policy Act. See Exhibit 4. A copy of this
Revised Report is being supplied to the U.S. Soil Conservation Service for its information and
further comment.
(iii) The Line does not pass through a designated coastal zone.
(iv) The Line traverses an urban area that has an adequate road and highway network.
Therefore, there is little or no likelihood that the rail corridor is needed for a transit or highway
corridor.
(4) Ener2V. (i) Describe the effect of the proposed action on transportation of
energy resources. (ii) Describe the effect of the proposed action on recyclable commodities.
(ill) State whether the proposed action will result in an increase or decrease in overall
energy efficiency and explain why. (iv) If the proposed action will cause diversions from
rail to motor carriage of more than: (A) 1,000 rail carloads a year; or (B) an average of 50
rail carloads per mile per year for any part of the affected line, quantify the resulting net
change in energy consumption and show the data and methodology used to arrive at the
figure given.
(i) The proposed abandonment will have no effect on the transportation of energy
resources.
(ii) The proposed abandonment will have no effect on the transportation of recyclable
commodities.
(iii) The proposed abandonment will have no effect on overall energy efficiency as no
local or overhead traffic has been handled on the Line for over one year.
(iv) The proposed abandonment will not cause any diversions of rail traffic to motor
carriage, since no local or overhead traffic has been handled on the Line for over one year.
(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 lease 100 percent (measured by carload activity), or (C) an average
increase in truck traffic of more than 10 percent of the average daily traffic or 50 vehicles a
day on any affected road segment, quantify the anticipated effect on air emissions. For a
proposal under 49 U.C. ~ 10901 (or ~ 10505) to construct a new line or reinstitute service
over a previously abandoned line, only the eight train a day provision in sub-section
(5)(i)(A) will apply. (ll) If the proposed action affects a class I or non attainment area under
the Clean Air Act, and will result in either: (A) an increase in rail traffic of at least 50
percent (measured in gross ton miles annually) or an increase of at least three trains a day
on any segment of rail line; (B) an increase in rail yard activity of at least 20 percent
(measured by carload activity); or (C) an average increase in truck traffic of more than 10
percent of the average daily traffic or 50 vehicles a day on a given road segment, then state
whether any expected increased emissions are within the parameters established by the
State Implementation Plan. However, for a rail construction under 49 U.C. ~ 10901 (or
49 U.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. (ill) If
transportation of ozone depleting materials (such as nitrogen oxide and freon) is
contemplated, identify: the materials and quantity; the frequency of service; safety
practices (including any speed restrictions); the applicant's safety record (to the extent
available) on derailments, accidents and spills; contingency plans to deal with accidental
spills; and the likelihood of an accidental release of ozone depleting materials in the event
of a collision or derailment.
(i) The proposed abandonment will not result in meeting or exceeding the specified
thresholds.
(ii) The proposed abandonment will not result in meeting or exceeding the specified
thresholds.
(iii) The proposed abandonment will not affect the transportation of ozone depleting
materials.
(6) Noise. If any of the thresholds identified in item (5)(i) of this section are
surpassed, state whether the proposed action will cause: (i) an incremental increase in
noise levels of three decibels Ldn or more; or (ll) an increase to a noise level of 65 decibels
Ldn or greater. If so, identify sensitive receptors (e.g., schools, libraries, hospitals,
residences, retirement communities, and nursing homes) in the project area, and quantify
the noise increase for these receptors if the thresholds are surpassed.
Not applicable
(7) Safety. (i) Describe any effects of the proposed action on public health and
safety (including vehicle delay time at railroad grade crossings). (ll) If hazardous materials
are expected to be transported, identify: the materials and quantity; the frequency of
service; whether chemicals are being transported that, if mixed, could react to form more
hazardous compounds; safety practices (including any speed restrictions); the applicant'
safety record (to the extent available) on derailments, accidents and hazardous spills; the
contingency plans to deal with accidental spills; and the likelihood of an accidental release
of hazardous materials. (ill) If there are any known hazardous waste sites or sites where
there have been known hazardous materials spills on the right-of-way, identify the location
of those sites and the types of hazardous materials involved.
(i) The proposed abandonment will have no detrimental effects on public health and
safety. The removal of grade crossings and the associated signs and structures will enhance
public safety by eliminating distractions to vehicular traffic crossing the Line.
(ii) The proposed abandonment will not affect the transportation of hazardous materials.
(iii) There are no known hazardous material waste sites or sites where known hazardous
material spills have occurred on or along the rail corridor of the Line.
(8) Bioloe:ical Resources. (i) Based on consultation with the U.S. Fish and Wildlife
Service, state whether the proposed action is likely to adversely affect endangered or
threatened species or areas designated as a critical habitat, and if so, describe the effects.
(ii) State whether wildlife sanctuaries or refuges, National or State parks or forests will be
affected, and describe any effects.
(i) PRCC notified the U.S. Fish and Wildlife Service ofthe 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 5. The U.S. Fish and Wildlife
Service has not identified any issues that indicate that consultation under Section 7 of the
Endangered Species Act of 1973 , as amended, is needed for the proposed abandonment. See
Exhibit 6. A copy of this Revised Report is being supplied to the U.S. Fish and Wildlife Service
for its information and further comment.
(ii) PRCC does not believe that any wildlife sanctuaries or refuges, National or State
parks or forests would be adversely affected by the proposed abandonment. PRCC notified the
National Parks Service 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 7. To date, no response to this request has been received. A copy of this Revised Report
is being supplied to the National Park Service for its information and comment.
(9) Water. (i) Based on consultation with State water quality officials, state
whether the proposed action is consistent with applicable Federal, State or local water
quality standards. Describe any inconsistencies. (ii) Based on consultation with the U.
Army Corps of Engineers, state whether permits under section 404 of the Clean Water Act
(33 U .C. ~ 1344) are required for the proposed action and whether any designated
wetlands or 100-year flood plains will be affected. Describe the effects. (ill) State whether
permits under section 402 of the Clean Water Act (33 U.C. ~ 1342) are required for the
proposed action.
(i) PRCC is confident that the proposed abandonment will be consistent with applicable
water quality standards. PRCC contacted the Idaho Department of Environmental Quality
DEQ") and the U.S. Environmental Protection Agency concerning this matter requesting
assistance in determining whether the proposed abandonment is consistent with applicable
Federal, State, or local water quality standards. See Exhibit 8. To date, only the DEQ has
responded. See Exhibit 9. DEQ has identified a number of project requirements and concerns
that need to be addressed before the Line is salvaged. PRCC intends to consult with DEQ before
any salvage operations commence. A copy of this Revised Report is being supplied to the U.
Environmental Protection Agency and the DEQ for their information and further comment.
(ii) PRCC is confident that no designated wetlands or 100-year flood plains will be
adversely affected by the proposed abandonment. PRCC contacted the Corps of Engineers
concerning these matters. See Exhibit 10. The Corps determined that no Army permit will be
required for this project. See Exhibit 11. A copy of this Revised Report is being supplied to the
S. Army Corps of Engineers for its information and further comment.
(iii) PRCC contacted the U.S. Environmental Protection Agency concerning this matter
and requested assistance in identifying any potential effects on applicable water quality standards
and determining whether the proposed abandonment is consistent with applicable Federal, State
or local water quality standards. See Exhibit 8. To date, no response to this letter has been
received. A copy ofthis Revised Report is being supplied to the U.S. Environmental Protection
Agency for its information and comment.
(10) Proposed Mitieation. Describe any actions that are proposed to mitigate
adverse environmental impacts, indicating why the proposed mitigation is appropriate.
PRCC does not expect any adverse environmental impact from the proposed
abandonment and, therefore, sees no need for any mitigating actions. PRCC will, of course
adhere to any remedial actions suggested by the recipients of this Report and required by the
Board.
EXHIBIT 1
5 MINUTE
496
5172
Sill
BALL JANIK LLP
EXHIBIT 2
1455 F STREET. NW, SUITE 225
VVASffiNGTON, D.C. 20005
www.balljanlk.com
TELEPHONE [phone]
FACSIMILE 202-783-6947
KARL MORELL
OF COUNSEL
krnorell(gjbj IIp.com
November 20, 2006
Latah County Commissioners
O. Box 8068
Moscow, ill 83843
RE:Docket No. AB-570 (Sub-No. 2X), Palouse River & Coulee City
Railroad, Inc.Abandonment Exemption-In Latah County,
Idaho
Dear Sir/Madam:
Palouse River & Coulee City Railroad, Inc. ("PRCC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about December 21 2006, for
PRCC to abandon the 0.74-mile rail line located between mileposts 85.72 and 86.46, at Moscow
in Latah County, Idaho. A map of the proposed abandonment is attached.
Pursuant to the STB's environmental regulations at 49 C., 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.
PORTLAND. OREGON WASHINGTON. D.BEND. OREGON
BALL JANIK LLP
November 20, 2006
Page 2
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
~7(
Karl Morell
Attorney for:
Palouse River & Coulee City Railroad, Inc.
EXHIBIT 3
BALL JANIK LLP
1455 F STREET, NW, SUITE 225
VVASffiNGTON. D.C. 20005
www.balljanlk.com
TELEPHONE [phone]
FACSIMILE 202-783-6947
KARL MORELL
OF COUNSEL
krnorell~bjllp.com
November 20, 2006
USDA Natural Resources Conservation Service
9173 West Barnes Drive, Suite C
Boise, ID 83709
RE:Docket No. AB-S70 (Sub-No. 2X), Palouse River & Coulee City
Railroad, Inc.Abandonment Exemption-In Latah County,
Idaho
Dear Sir/Madam:
Palouse River & Coulee City Railroad, Inc. ("PRCC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"on or about December 21 2006, for
PRCC to abandon the 0.74-mile rail line located between mileposts 85.72 and 86.46, at Moscow
in Latah County, Idaho. A map of the proposed abandonment is attached.
Pursuant to the STB's environmental regulations at 49 C., 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.
PORTLAND. OREGON WASHINGTON. D.BEND. OREGON
BALL JANIK LLP
November 20, 2006
Page 2
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
0t4J(~~el1
Attorney for:
Palouse River & Coulee City Railroad, Inc.
United States Department of Agriculture EXHIBIT 4
~ N RCS
Natural Resources Conservation Service
9173 W. Barnes Dr., Suite C
Boise, 10 83709-1574
November 28 2006
Karl Morell
Attorney for:
Palouse River & Coulee City Railroad, Inc.
1455 F Street, NW, Suite 225
Washington, D.C. 20005
Dear Mr. Morell:
We received your request for information concerning lands subject to the Farmland Protection
Policy Act as part ofthe Palouse River & Coulee City Railroad, Inc , application to abandon a
74-mile rail line located between milepost 85.72 and milepost 86.46 in Moscow, Latah County,
Idaho.
By definition, land cannot be prime farmland if the land is already in or committed to urban
development or water storage. Farmland "already in" urban development or water storage
includes all such land with a density of 30 structures per 40-acre area. The area of the proposed
action by the Palouse River & Coulee City Railroad, Inc is in an area that contains more than 30
structures per 40 acres and therefore is not subject to the Farmland Protection Policy Act.
We appreciate the opportunity to comment on this proposed action. If you have any questions
feel free to contact Hal Swenson, Assistant State Soil Scientist for NRCS in Idaho. Hal's
telephone number is 208-378-5728 or e-mail at Ha1.Swenson~id.usda.gov.
Sincerely,
~y~
IICTI-V~
RICHARD SIMS
State Conservationist
cc:David Hoover, State Soil Scientist, NRCS, Boise SO
Hal K. Swenson, Assistant State Soil Scientist, NRCS , Boise SO
Bruce Knapp, Soil Scientist, NRCS, Moscow, ID
Patrick Evans, District Conservationist, NRCS, Moscow, ID
The Natural Resources Conservation Service provides leadership in a partnership effort to help people
conserve, maintain, and improve our natural resources and environment.
An Equal Opportunity Provider and Employer
EXHIBIT 5
BALL JANIK LLP
1455 F STREET, NW, SUITE 225
WASHINGTON, D.C. 20005
www.balljanlk.com
TELEPHONE [phone]
FACSIMILE 202-783-6947
KARL MORELL
OF COUNSEL
kmorell~bjllp.com
November 20, 2006
S. Fish and Wildlife Service
911 N.E. 11th Avenue
Portland, OR 97232-4181
RE:Docket No. AB-570 (Sub-No. 2X), Palo use River & Coulee City
Railroad, Inc.Abandonment Exemption-In Latah County,
Idaho
Dear Sir/Madam:
Palouse River & Coulee City Railroad, Inc. ("PRCC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about December 21 2006, for
PRCC to abandon the 0.74-mile rail line located between mileposts 85.72 and 86.46, at Moscow
in Latah County, Idaho. A map of the proposed abandonment is attached.
Pursuant to the STB's environmental regulations at 49 c.F., 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.
PORTLAND. OREGON WASHINGTON. D.BEND, OREGON
BALL JANIK LLP
November 20, 2006
Page 2
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
Sincerely,
a/-
Attorney for:
Palouse River & Coulee City Railroad, Inc.
EXHIBIT 6
us.FISH & WILDLJFBSERVICEUnited States Department of the Interior
FISH AND WILDLIFE SERVICE
Snake River Fish and Wildlife Office
1387 S. Vinnell Way, Room 368
Boise, Idaho 83709
Telephone [phone]
http://IdahoES.fws.gov
Karl Morell
Attorney at Law
Ball Janik LLP
1455 F Street, NW, Suite 225
Washington, D.C. 20005
DEC 0 5 2006
Subject:Palouse River and Coulee City Railroad-Latah County, Idaho-Species
List
File #970.300 2007-SL-0152
Dear Mr. Morell:
The Fish and Wildlife Service (Service) is writing in respo~se to yoUr requ~st for
information about the potential impacts to endangered, threatened, proposed, and/or
candidate species, or proposed critical habitat from the proposed railroad abandonment
project. The Service has not identified any issues that indicate that consultation under
section 7 ofthe Endangered Species Act of 1973 , as amended, is needed for this project.
This finding is based on our understanding of the nature of the project, local conditions
and/or current information indicating that no listed species are present. If you determine
otherwise or require further assisiance, please contact the Snake River Fish and Wildlife
Office at [phone]. Thank you for your interest in endangered species
conservation.
(j-Jeffery L. Foss, Field Supervis
Snake River Fish and Wildlife Office
TAKe PRIDe iNAMEFUCA~
EXHIBIT 7
BALL JANIK LLP
1455 F STREET, NW, SUITE 225
VVASffiNGTON, D.C. 20005
www.balljanik.com
TELEPHONE [phone]
FACSIMILE 202-783-6947
KARL MORELL
OF COUNSEL
kmorell~bjllp.corn
November 20, 2006
National Park Service
One Jackson Center
1111 Jackson Street, Suite 700
Oakland, CA 94607
RE:Docket No. AB-570 (Sub-No. 2X), Palouse River & Coulee City
Railroad, Inc.Abandonment Exemption-In Latah County,
Idaho
Dear Sirs:
Palouse River & Coulee City Railroad, Inc. ("PRCC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about December 21 2006, for
PRCC to abandon the 0.74-mile rail line located between mileposts 85.72 and 86.46, at Moscow
in Latah County, Idaho. A map of the proposed abandonment is attached.
Pursuant to the STB's environmental regulations at 49 C.F ., 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.
PORTLAND. OREGON WASHINGTON. D.BEND. OREGON
BALL JANIK LLP
November 20, 2006
Page 2
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
aJ~Karl Morell
Attorney for:
Palouse River & Coulee City Railroad, Inc.
EXHIBIT 8
BALL JANIK LLP
1455 F STREET, NW, SUITE 225
WASHINGTON, D.C. 20005
www.balljanik.com
TELEPHONE [phone]
FACSIMILE 202-783.6947
KARL MORELL
OF COUNSEL
krnorell~bjllp.com
November 20, 2006
Administrator
Department of Environmental Quality
O. Box 83720
1410 North Hilton
Boise, ID 83706-1255
RE:Docket No. AB-570 (Sub-No. 2X), Palouse River & Coulee City
Railroad, Inc.Abandonment Exemption-In Latah County,
Idaho
Dear Sir/Madam:
Palouse River & Coulee City Railroad, Inc. ("PRCC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about December 21 2006, for
PRCC to abandon the 0.74-mile rail line located between mileposts 85.72 and 86.46, at Moscow
in Latah County, Idaho. A map of the proposed abandonment is attached.
Pursuant to the STB's environmental regulations at 49 c.F., 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. PRCC 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.
PORTLAND. OREGON WASHINGTON. D.BEND. OREGON
BALL JANIK LLP
November 20, 2006
Page 2
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
Karl Morell
Attorney for:
Palouse River & Coulee City Railroad, Inc.
BALL JANIK LLP
1455 F STREET, NW, SUITE 225
VVASH~GTON, D.C. 20005
www.balljanik.com
TELEPHONE [phone]
FACSIMILE 202-783-6947
KARL MORELL
OF COUNSEL
kmorel1~bjl1p.com
November 20, 2006
S. Environmental Protection Agency
1200 Sixth Avenue
Seattle, W A 98101
RE:Docket No. AB-570 (Sub-No. 2X), Palouse River & Coulee City
Railroad, Inc.Abandonment Exemption-In Latah County,
Idaho
Dear Sir/Madam:
Palouse River & Coulee City Railroad, Inc. ("PRCC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about December 21 2006, for
PRCC to abandon the 0.74-mile rail line located between mileposts 85.72 and 86.46, at Moscow
in Latah County, Idaho. A map of the proposed abandonment is attached.
Pursuant to the STB's environmental regulations at 49 C., Part 1105, we are advising
you ofthis 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. PRCC 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.
PORTLAND. OREGON WASHINGTON. D.BEND. OREGON
BALL JANIK LLP
November 20, 2006
Page 2
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
Attorney for:
Palouse River & Coulee City Railroad, Inc.
tl')"\";:ii,-:~.
:...' "-
EXHIBIT 9
JiJIJJl-
\~;"",
~c"
STATE OF IDAHO
DEPARTMENT OF
E:NVIRONMENT AL QUALITY
1118 F STREET. LEWISTON, ID 83501 . [phone] JAMES E. RISCH, GOVERNOR
TONI HARDESTY, ~IRECTOR
December 19 2006
Karl Morell
Ball Janik LLP
1455 F Street, NW, Suite 225
Washington, D. C. 20005
RE:Coinments Docket No. AB-570 (Sub-No.2X), Palouse River & Coulee
City Railroad, Inc.Abandonment Exemption-In Latah County, Idaho
Dear Mr. Morell:
The Lewiston Regional Office of the Department of Environmental Quality has received
your request on behalf of Palouse River & Coulee City Railroad Great Northwest
Railroad, Inc. for assistance in identifying possible water quality issues involved with the
above mentioned project.
We appreciate the opportunity to review this project, and believe the railroad
abandonment project provides the opportunity to coordinate our efforts to identify and
produce an inventory of potential environmental quality problem areas that may arise
from the abandonment of this section of railroad line. This letter does not constitute a
Clean Water Act Section 401 certification and additional or different considerations and
conditions may be specified in connection with the Department's review of specific
activities. Currently, we have identified the following water quality and environmental
project requirements and concerns.
1. Water quality protection will need to be carefully addressed since the proposed
abandonment crosses and is adjacent to Paradise Creek. Paradise Creek is
identified in the Idaho State Water Quality Standards as Waterbody ID
17060108CLO05 , urban boundary to Idaho/Washington border. The
waterbody is currently listed in Section 4 of the Idaho 2002 Integrated Report as
impaired due to bacteria, siltation, thermal modification, flow alteration, habitat
alteration, ammonia and J;lutrients, and is included in the Paradise Creek TMDL
and the Idaho State Water Quality Management Plan. The Paqidise Creek Total
Maximum Daily Load lists allowable pollutant load allocations. Your project will
need to comply with the allowable pollutant load allocations listed in the Total
Maximum Daily Load.
2. The location of the abandonment is an industrial site and adjacent to a site
mitigated for the presence of hazardous materials where known hazardouS' . "
materials were stored and spills occurred. A hazardous material remediation
plan; which includes DEQ notification, should be put in place to address
. hazardous material remediation if these substances are discovered during
abandonment.
3. A Clean Water Act Section 402 Storm Water National Pollution Discharge
Elimination Permit and an accompanying Storm Water Pollution Prevention
Plan should be provided for the site during abandonment activities.
We suggest information be presented in a report that fully characterizes the site and the
concerns we have raised and the hazard risk to water and the environment resulting
from any activities associated with the railroad line abandonment activity. The report
should be submitted to the Department to determine if additional or different
considerations and conditions may be specified in connection with the Department'
review of specific activities.
Thank you for the opportunity to provide further comment on this project. If you would
like tQ discuss these comments or have any questions please contact the Lewiston
Regional Office at [phone].
Sincerely, ,
~ ..
J- It \c:::.-
Hudson Mann
Acting Regional Administrator
Cc:Toni Hardesty, Director, Department of Environmental QU&1ity
Curt Fransen, Idaho Attorney General Office
Don Howell IPUC/Boise
. -
' i
, ': ,. :,, .:: ,,
"0 "
! ,
BALL JANIK LLP
EXHIBIT
1455 F STREET. NW, SUITE 225
VVASffiNGTON, D.C. 20005
www.balljanik.com
TELEPHONE [phone]
PACSIMILE 202-783-6947
KARL MORELL
OF COUNSEL
kmorell~bjllp.com
November 20, 2006
S. Army Engineer District, Walla Walla
201 North Third Avenue
Walla Walla, WA 99362-1876
RE:Docket No. AB-570 (Sub-No. 2X), Palo use River & Coulee City
Railroad, Inc.Abandonment Exemption-In Latah County,
Idaho
Dear Sir/Madam:
Palouse River & Coulee City Railroad, Inc. ("PRCC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about December 21 2006, for
PRCC to abandon the 0.74-mile rail line located between mileposts 85.72 and 86.46, at Moscow
in Latah County, Idaho. A map of the proposed abandonment is attached.
Pursuant to the STB's environmental regulations at 49 C., 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. PRCC 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.
PORTLAND. OREGON WASHINGTON. D.BEND. OREGON
BALL JANIK LLP
November 20, 2006
Page 2
Thank you in advance for your prompt assistance. If you have any questions concerning
this matter, please contact me.
"P:t/hJlrl~ell
Attorney for:
Palouse River & Coulee City Railroad, Inc.
EXHmIT
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WALLA WALLA DISTRICT, CORPS OF ENGINEERS
201 NORTH THIRD AVENUE
WALLA WALLA, WASHINGTON 99362-1876
January 24 2007
Regulatory Division
SUBJECT: NWW-2007-75-W02
Mr. Karl Morell
Ball Janik LLP
Suite 225
1455 F Street NW
Washington, D.C. 20005
Dear Mr. Morell
We reviewed the Palouse River & Coulee City Railroad's proposed railroad abandonment in
Moscow, Idaho, Docket No. AB-570, which is described in your January 17 2007 letter. Based
on the information you provided, your work will not involve a discharge of dredged or fill
material below the ordinary high water mark of Paradise Creek or in wetlands. Therefore, a
Department of the Army permit will not be required for your project.
This determination applies only to Department of the Army permits administered by the
Corps of Engineers. Your project may also require pennits from other Federal, state, and local
agencies. In addition, your project may require a pennit from your local city or county zoning
office if they adopted a local floodplain management ordinance under the National Flood
Insurance Program. You should contact these agencies to obtain any necessary permits prior to
starting construction.
Weare interested in your thoughts and opinions concerning the quality of service you
received from the Walla Walla District, Corps of Engineers Regulatory Division. If you have
Internet access and are interested in letting us know how we are doing, you can complete an
electronic version of our Customer Service Survey form on our web site at:
http://per2.nwp.usace.army.mil/survey.html which will be automatically submitted to us.
Alternatively, you may call and request a paper copy of the survey which you may complete and
return to us by mail or fax.
Please contact me at 509-527-7156 if you have any questions.
Sincerely,
Duane E. Mitchell
Regulatory Project Manager
REVISED HISTORIC REPORT
(49 C.R. 1105.
Docket No. AB-570 (Sub-No. 2X)
PALOUSE RIVER & COULEE CITY RAILROAD, INC.
ABANDONMENT EXEMPTION--
IN LATAH COUNTY, IDAHO
The Historic Report should contain the information required by 1105.7(e)(1) of the
Environmental Report. The following is excerpted from the Environmental Report prepared for
the proposed abandonment:
Proposed Action and Alternatives.Describe the proposed action, including
commodities transported, the planned disposition (if any) of any rail line and
other structures that may be involved, and any possible changes in current
operations or maintenance practices. Also describe any reasonable
alternatives to the proposed action. Include a readable, detailed map and
drawings clearly delineating the project.
Palouse River & Coulee City Railroad, Inc. ("PRCC"), proposes to abandon its 0.2-mile
rail line between mileposts 85.91 and 86., in Moscow, Idaho (the "Line
).
Upon receipt of
abandonment authority, PRCC intends to remove the rail, track material, and crossties. There is
one bridge at the end of the Line. 1 The bridge and the land underneath the bridge are owned by
Gritman Medical Center ("Gritman ). To the best ofPRCC's knowledge, Gritman will likely
remove the bridge once this abandonment is consummated as part of the expansion of its Medical
Center.
The proposed abandonment will not change rail freight operations or maintenance
practices on the Line. No local or overhead traffic is being handled on the Line. There currently
1 There are two tracks on the bridge: the line being abandoned and the remaining segment of a
spur track that was used to serve a former shipper. The remaining segment of the spur track
will also be removed as part of the planned salvage operations. The abandonment of the spur
track, however, does not require prior Board approval. See 49 U.C. ~ 10906.
are no active rail shippers located along the Line. The last active shipper on the Line, Moscow
Idaho Seed Company, shipped one carload in early 2006 before closing its facility on the Line.
All former overhead traffic has been rerouted over a parallel line.
The only alternative to abandonment would be not to abandon the Line and forcing PRCC
to absorb the opportunity costs of retaining this inactive Line. This would not be a prudent use of
carrier resources. The Line is in poor condition and in need of substantial rehabilitation.
Maps of the proposed abandonment are attached hereto as Exhibit 1.
HISTORIC REPORT
A U.S. topographic map (or alternate map drawn to scale and
sufficiently detailed to show buildings and other structures in the vicinity of
the proposed action) showing the location of the proposed action, and the
locations and approximate dimensions of railroad structures that are 50
years old or older and are part of the proposed action;
A map and the identification of all structures on the Line that are 50 years old or older
have been supplied to the Idaho State Historical Society ("IHS"
).
See Exhibit 2. Since that
information was provided to HIS, it has come to the attention of PRCC that the bridge is owned
by Gritman Medical Center and not PRCC. As previously noted, Gritman will likely remove the
bridge once this abandonment is consummated. The removal, however, will not be as a result of
this abandonment but as part of the expansion of the Gritman Medical Center.
A written description of the right of way (including approximate widths, to
the extent known), and the topography and urban and/or rural
characteristics of the surrounding area;
The right-of-way is of varying widths. The Line is located within the city limits of
Moscow, Idaho near the University of Idaho. The Line begins at milepost 86., immediately
west ofI-95 and extends generally in a northwesterly direction to milepost 85., at 8th Street.
Good quality photographs (actual photographic prints, not photocopies) of
railroad structures on the property that are 50 years old or older and of the
immediate surrounding area;
The only structure on the Line that is potentially 50 years old or older is one bridge of
unknown age. A photograph of the bridge has been supplied to the IllS. See Exhibit 2. As
previously noted, the bridge is not owned by PRCC.
The date(s) of construction of the structure(s), and the date(s) and extent of
any major alterations, to the extent such information is known;
The bridge located on the Line is likely to be fifty years old or older. See Exhibit 2.
PRCC is not in possession of any engineering documents regarding the maintenance or repairs of
this bridge.
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;
PRCC acquired this property from the Burlington Northern Railroad Company in
September 1996.1 No traffic has moved over the Line for over one year. As a result, the
involved 0.2-mile Line is no longer required for rail operations. PRCC is ofthe opinion that
rehabilitation of the Line cannot be economically justified. Since the Line is not being used, no
change to current transportation patterns is anticipated upon the abandonment of the Line.
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;
There are no available individual drawings for the bridge on the Line. The bridge is quite
common in design and construction and is of no historical significance. It is typical of many
bridges and underpasses found throughout North America. In any event, the bridge is not owned
by PRCC and its removal will not be a result of this abandonment.
An opinion (based on readily available information in the railroad'
. possession) as to whether the site and/or structures meet the criteria for
listing on the National Register of Historic Places (36 C.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);
In PRCC's view , the bridge is quite common in design and construction. It has no
historical significance as to the history of railroad construction or operation. It is a common
structure found on numerous railroads throughout North America. There are also no known
archeological resources in the project area. Attached as Exhibit 3 is the response PRCC received
from the HIS.
A description (based on readily available information in the railroad'
possession) of any known prior subsurface ground disturbance or rill,
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.
See STB Finance Docket No. 33041 Palouse River Coulee City Railroad, Inc.
Acquisition Exemption--Burlington Northern Railroad Company (not printed), served
September 27, 1996.
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.
Within 30 days of receipt of the historic report, the State Historic
Preservation Officer may request the following additional information
regarding specific non railroad 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).
PRCC does not foresee the likelihood that any additional information will need to be
supplied in association with the proposed line abandonment other than that information
previously submitted. But, if any additional information is requested, PRCC will promptly
supply the necessary information.
EXHIBIT 1
IV1 VC "-'V VV r::.C 1 ~ U 1-\1.1 fi1-\l 'I U J...IJ..:,
EXHIBIT 2
BALL JANIK LLP
1455 F STREET, NW, SUITE 225
VVASffiNGTON, D.C. 20005
www.balljanik.com
TELEPHONE [phone]
FACSIMILE 202-783.6947
KARL MORELL
OF COUNSEL
kmoreIli?)bjIlp.com
November 20, 2006
Idaho State Historical Society
2205 Old Penitentiary Road
Boise, ID 83712
RE:Docket No. AB-570 (Sub-No. 2X), Palouse River & Coulee City
Railroad, Inc.Abandonment Exemption-In Latah County,
Idaho
Dear Sir/Madam:
Palouse River & Coulee City Railroad, Inc. ("PRCC") is planning to file a Notice of
Exemption with the Surface Transportation Board ("STB"), on or about December 21 2006, for
PRCC to abandon the 0.74-mile rail line located between mileposts 85.72 and 86.46, at Moscow
in Latah County, Idaho. One of the requirements for this filing with the STB is that the owner of
the rail line 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; however, there
are currently no plans to remove any existing structures along the track.
The line to be abandoned lies in Moscow, Idaho. The line begins at milepost 86.46
immediately west of 1-, and extends generally in a northwesterly direction to milepost 85.72.
The line is located within the city limits of Moscow near the University ofIdaho.
There is one bridge on this line of unknown age. A photograph of the bridge is attached.
The bride is located at milepost 86.11. This structure is quite common in design and
construction and, in PRCC's view, has no historical significance. In any event, the bridge will
not be affected by the proposed abandonment since only one of the rail lines traversing the bridge
will be removed.
PORTLAND, OREGON WASHINGTON. D.BEND, OREGON
BALL JANIK LLP
November 20, 2006
Page 2
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 at [phone].
7te ()JW:;ell
Attorney for
Palouse River & Coulee City Railroad, Inc.
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IDAHO STATE
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EXHIBIT 3
December 1 , 2006
Mr. Karl Morell
Ball Janik LLP Attorneys
1455 F. Street NW Ste. 225
Washington D., 20005
RE: Palouse River and Coulee City Railroad, Inc., Abandonment
Exemption, Latah County, Idaho
Dear Mr. Morell:
Thank you for requesting our views on the proposed
abandonment of the Palo use River and Coulee City Railroad's 0.74-
mile rail line in downtown Moscow, Idaho. We believe that this
railroad is eligible for its association with area s economic
development.
With regard to project effects, we agree that removing only the
rail (and not the bridge) will not adversely affect it. If the bridge or
will be removed, we will need some ad~itionalinformation. Removal
of the rest of the line s rail, track materia~s, ~4-:ti~iwilllikewise have
no adverse effect.
" ,
The railroad through Moscow and its associated agricultural
properties stand as an important representation of the overall history of
the Pa10use country. As a longtime community partner, the railroad
should consider hiring a historian to conduct an inventory of the extant
agricultural buildings (i., grain elevators) and any remaining railroad
buildings along this segment.
We appreciate your cooperation. If you have any questions
please feel free to contact me at 208-334-3847, ext. 107.
Sincerely,
, ,
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