20090522DEQ Letter.pdf

~..STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
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20û9 piAY 22 AH 8: 12
1118 F Street. Lewiston, Idaho 83501 · [phone] !¡= ,:,1 :;J :. ".
UïiUTL:':~ :;,1 i' ",;.,C.L. "Butch" Otter, Governor
Toni Hardesty, Director
May 20, 2009
Idaho Public Utilities Commission
P.O. Box 83720
Boise, Idaho 83720-0074
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RE: Comments Docket No. AB-570 (Sub-No.3X), Palouse & Coulee City Railroad, Inc.
- Abandonment Exemption - In Lata County, Idaho
Dear SirlMadan:
The Lewiston Regional Offce of the Deparent of Environmental Quality has received
correspondence from Mr. Karl Morell of Ball Janik LLP, Attorneys for Palouse & Coulee
City Railroad requesting assistance in identifying possible water quality issues that may
be involved with the above mentioned project. We appreciate the opportity to review
this project, and offer the following comments regarding state water quality standards and
state responsibility under the Clean Water Act as they apply. We are submitting these
comments to you pursuant to Executive Order 94-01 that provides that the IPUC must
approve all state agencies comments submitted to the Surace Trasportation Board
(STB) prior to transmittaL. We would appreciate hearng from you regarding whether you
feel these comments are appropriate and should be submitted to the STB.
Approximately 3 miles of the rail line located in Moscow, Idaho proposed to be
abandoned is adjacent to Paradise Creek. Paradise Creek is listed in Idaho's 2008
Integrated Report as impaied with TMDL required pollutant load reductions for
sediment, temperature, bacteria, and nutrents. We have identified the following specific
water quality and environmental project requirements and concerns. This letter does not
constitute a 401 certification and additional or different conditions may be specified in
connection with the Deparent's review of specific activities. In addition, in this letter
we have only identified water quality concerns. The abandonment must also comply with
all other state environmental laws, including without limitation, the Idaho Hazardous
Waste Management Act:
1. Railroad abandonment activities, which include placing fill below the high water
mark in waters or wetlands of the State wil require a §401 water quality certification,
or wil be pre-certified under a nationwide §404 permit for the project.
2. A pollution prevention plan for sediment and erosion control should be developed to
identify and prevent landslides and erosion resultng from the rail bed abandonment.
A Clean Water Act Section 402 NPDES Constrction Storm Water Permit may be
required by the US Environmental Protection Agency.
3. Method( s) need to be employed to prevent leaching of wood preservatives from
newly exposed treated wood surfaces durng dismantling of rail line strctures.
4. The creek's riparan canopy cover and chanel configuation should be restored to
remediate pollutant loads where the rail line easement has affected these attrbutes
causing temperature and sediment pollutant load contrbutions to Paradise Creek.
5. Railroad tie piles, debris dumps, and contaminated areas should be identified and
cleaned up.
6. A hazardous material contingency plan, which includes DEQ notification, should be
put in place to address hazardous material remediation if these substances are discovered
durg abandonment.
Than you for the opportty to provide comment on ths project. If you would like to
discuss these comments or have any questions please contact the DEQ Lewiston Regional
Offce at [phone].
Sincerely,#~(
John Cardwell,
Acting Regional Administrator
cc: Douglas Conde, AG/Boise