20090911DEQ Comment.pdf

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RECEIV
2009 SEP '0 PH 5: 00
September 10, 2009
Idaho Public Utilties Commission
P.O. Box 83720
Boise, Idao 83720-0074
RE: Case No. PRC-R-09-01 Palouse River & Coulee City Railroad Abandonment
IPUC Hearng Order No. 30891
Dear SirlMadam:
The Lewiston Regional Offce of the Deparment of Environmental Quality received your Notice
of Telephonic Hearing Order No. 30891. We are unable to paricipate due to prior schedule
commitments and submit the enclosed July 7, 2009 letter to the Surace Transportation Board
and request the contents. of the letter be included in the hearing record.
Sincerely,
John Cardwell
Acting Regional Administrator
CC: Douglas Conde w/o attch
Neil Price w/o attach
ST.i OF IDA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
f' l:: i'L..'¡!,-"-~, .
2009 SEP 10 PM 5: 00
111 e F Street · Lewston Idaho 831 . (20) 799370
IDAHO PUELiC:
l:TIUrICS COMMiSS10t.i
July 7t 2009
C.L "Bu otter, GOVmor
To Hardesty, Direr
Section of Environmenta Analysis
Surace Transporttion Board
395 E Strtt S.W.
Washingtont DC 20423-01
RE: Comments Docket No. AB-570 (Sub-No.3X), Palouse & Coulee City Railroadt
Inc. - Abandonment Exemption - In Latah CountYt Idaho
Dea SirlMadam:
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
Railrad requesting assistance in identifying possible water quality issues that may be involved
with the above mentioned project. We appreciate the opportunity to review this project, and offer
the following conuents regarding state water quality standar and state responsibilty under the
Clean Water Act as they apply.
Approximately 3 miles of the rail line located in Moscow, Idaho proposed to be abandoned is
adjacent to Paradise Creek. Pardise Creek (WID 7060lOSCLO5), is listed in Idahots 2008
Integrated Report as impaired with TML required pollutat load reductions for sediment,
temperature, bacteria, and nutrients. Approximately 0.2 mile of the rail line proposed to beabandoned between 6th Strt and MP 85.91 is adjacent to the remediated Sweet A venue site on
the south and the Jackson Silo Brownfield project site on the nort.
We have identified the following specific water quality and environmental project reuirements
and concerns. This letter does not constitute a 401 certfication and additional or different
conditions may be specified in connection with the Deparent's review of specific activities. In
additiont 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 activitiest which include placing fil below the high water mark in
waters or wetlands of the State wil require a §401 water quality certfication, 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 resulting from the rail bed abandonment. A Clean Water
Act Section 402 NPDES Construction Storm Water Pennt 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 during dismantlng of ral line strctures.
4. The creekts riparan canopy cover, channel configuration and sinuosity should be restored to
remediate pollutat loads where the rail line easement has afected these attrbutes causingtemperature and seent pollutant load contrbutions to Pardise Crek.
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5. Ralroad tie piles, debris dumps, and contaated areas should be identified and cleaned up.
6. Adjacnt proertes along the rail line between 6th Street and MP 85.91 have ben shown to
have contaned haardous materials or wastes in the past and have been remediated (Sweet
Avenue project on the south), or currntly contan hazardous materials or wastes and ar
being remediated (Jackson Street Silo Brownfield project on the nort). Disturbance or
excavation of contannated materials during abandonment can reult in the generation of
hazardous wastes. A hazardous waste contingency plan needs to be developed to ensure
that any hazardous wastes that ar generated during abandonment are stored and disposed of
in acordace with the Idaho Hazardous Waste Management Act, Idaho Code § 39-441 et.
se. The contingency plan must include notification to DEQ if hazardous waste or materials
ar encountered.
Than you for the opportunity to provide comment on this project. If you would like to discuss
these comments or have any questions please contact the DEQ Lewiston Regional Ofce at (208)
799-4370.
Sincerely,#~/
John Cardwell,
Acting Regional Administrtor
cc: Douglas Conde, AGlBoise
Kal Morellt Ball Janik