20041221Petition for Exemption.pdf

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December 15, 2004
VIA UPS NEXT DAY AIR
Mr. Vernon Williams, Secretary
Surface Transportation Board
1925 ilK" Street , N., Room 504
Washington, DC 20423-0001
RE:Docket No. AB-33(Sub-No.227X), Union Pacific Railroad Company
Abandonment Exemption -In Carribou County, Idaho from M.P. 23.90 to
P. 24.11 (Dry Valley Subdivision)
Dear Mr. Williams:
Pursuant to 49 U.C. 910502, Union Pacific Company submits the original and
ten (10) copies of a Petition for Exemption, with Verification , to abandon the above-
referenced rail line. The Certificate of Service and Publication pursuant to 49 C.
91152.60(d) and 49 C.R. 91105.12 is attached to the petition.
Also enclosed is a draft Federal Reaister notice pursuant to 49 C.
91152.60(c). Three computer diskettes containing the draft Federal Register notice, as
well as the Petition for Exemption and Certificate of Service and Publication is also
enclosed.
Please file the Petition for Exemption in Docket No. AB-33 (Sub-No. 227X).
Further, enclosed is Union Pacific s voucher for $5 000 for the filing fee.
Enclosures
Mack H. Shumate, Jr.
Senior General Attorney, Law Department
O:\ABAN DON M ENTS\33-227X\STB- Pall tr .doc UNION PACIFIC RAILROAD
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INQUIRIES: ACCOUNTS PAYABLE CORRESPONDENCE BUREAU [phone]
DATE INVOICE/CREDIT MEMO rYPE DOCUMENT ID GROSS AMOUNT DISCOUNT AMOUNT NET AMOUNT
120 450 0--0. -20573239 5000 00 5000DOCKETAB-33 SUB-NO 227X)(DRY VA LLEV SUBDIVI SIO
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68179\ fOTAL 5000 0001400 DOUGLAS ST.OMAHA,HE.5000
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BEFORE THE
SURFACE TRANSPORTATION BOARD
Docket No. AB-33 (Sub-No. 227X)
UNION PACIFIC RAILROAD COMPANY
-- ABANDONMENT EXEMPTION --
IN CARRIBOU COUNTY, IDAHO
(DRY VALLEY SUBDIVISION)
PETITION FOR EXEMPTION
UNION PACIFIC RAILROAD COMPANY
Mack H. Shumate , Jr.
Senior General Attorney
101 North Wacker Drive
Room 1920
Chicago, IL 60606
Tel: [phone]
Fax: [phone]
Dated: December 15 2004
Filed: December 16 , 2004
BEFORE THE
SURFACE TRANSPORTATION BOARD
Docket No. AB-33 (Sub-No. 227X)
UNION PACIFIC RAILROAD COMPANY
-- ABANDONMENT EXEMPTION --
IN CARRIBOU COUNTY, IDAHO
(DRY VALLEY SUBDIVISION)
PETITION FOR EXEMPTION
UNION PACIFIC RAILROAD COMPANY
Mack H. Shumate, Jr.
Senior General Attorney
101 North Wacker Drive
Room 1920
Chicago, IL 60606
Tel: [phone]
Fax: [phone]
Dated: December 15 , 2004
Filed: December 16, 2004
BEFORE THE
SURFACE TRANSPORTATION BOARD
Docket No. AB-33 (Sub-No. 227X)
UNION PACIFIC RAILROAD COMPANY
-- ABANDONMENT EXEMPTION --
IN CARRIBOU COUNTY, IDAHO
(DRY VALLEY SUBDIVISION)
PETITION FOR EXEMPTION
INTRODUCTION
Union Pacific Railroad Company ("UP") hereby petitions the Board, pursuant
to 49 U.C. 910502, to grant an exemption from 49 U.C. 9910903 in order to permit
abandonment and discontinuance of service over the Dry Valley Subdivision from milepost
23.90 to milepost 24., a distance of 0.21 miles in Carribou County, Idaho (the "Line
There are no shippers on the Line that will be adversely affected by the proposed
abandonment. The sole reason for the proposed abandonment is to facilitate the
reclassification and sale of the Line to the sole shipper on the Line , Agrium.
UP seeks exemption of this proposed abandonment and discontinuance of
service on the Line from regulation under 49 U.C. 910903 in accordance with 49 U.
910502 and the Rules applicable thereto at 49 C.R. 91121 and 49 C.R. 91152 and the
Special Rules at 49 C.R. 91152.60.
II.
PETITIONER'S BACKGROUND AND REPRESENTATIVE
UP has rail operations in the States of Arizona, Arkansas, California,
Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana
Nebraska, Nevada New Mexico, Oklahoma, Oregon, Tennessee, Texas, Utah
Washington, Wisconsin and Wyoming. The Line from milepost 23.90 to milepost 24.
in Carribou County, Idaho is owned and operated by UP. The name, address and
telephone number of UP's representative is listed below:
Mack H. Shumate , Jr.
101 North Wacker Drive
Room 1920
Chicago, IL 60606
Tel: [phone]
Fax: [phone]
III.
LINE DESCRIPTIONS, ZIP CODE INFORMATION AND MAP
The proposed action involves the abandonment and discontinuance of
service over the Dry Valley Subdivision from milepost 23.90 to milepost 24., a distance
of 0.21 miles near Dry Valley, in Caribou County, Idaho. The sole reason for the proposed
abandonment is to facilitate the reclassification and sale of the Line to the customer
Agrium , so that Agrium can assemble optimally sized phosphate rock trains with its own
crews, which will enhance the economic performance of this short segment and the rail line
beyond. In 2002 and 2003 , the Dry Valley traffic was moved by a firm named Astaris.
Astaris has since sold the Dry Valley mining operations to a firm called Agrium. Agrium is
the party that desires to operate the subject Line after the proposed abandonment
reclassification , and sale. It is contemplated that Agrium will commence shipping activities
in 2005.
The Line was constructed in 1965 by UP for EI Paso Gas Products
Company. The Line was purchased by UP through its subsidiary, the Oregon Short Line
Railroad in 1973. It is laid with 131-pound jointed rail.
The Line traverses U.S. Postal Service Zip Code 83230.
A map of the Line is attached hereto as Attachment 1 and is hereby made
a part hereof.
IV.
SHIPPER INFORMATION
The recent shipping profile for the line is as follows
Agrium (Successor-In-Interest to Astaris)
13131 lake Fraser Drive S.
Calgary, AB T2J 7Ea
(Note: Astaris was the sole shipper on the Line in 2002 and 2003 but subsequently
sold its operations served by the Line to Agrium).
2002: Phosphate Rock, STCC 1471410 1722 cars, 170 469 tons.
Covered Hoppers moved on own wheels, 14 cars, 0 tons lading.
Total: 1736 cars, 170,469 tons.
2003: Phosphate Rock, STCC 1471410, 1609 cars, 159,103 tons.
January~September 2004, no activity.
The abandonment will have no adverse effect on Agrium.Subsequent
reclassification of the Line and sale of the Line by UP to Agrium will permit Agrium to build
larger trains with its own personnel and permit it to maximize its rail shipping activity.
Agrium will not have to utilize any transportation alternatives. UP will still provide rail
service to the Agrium facility. Since the Line is at a track end , there will be no effect on
overhead traffic.
REASONS FOR THE ABANDONMENT
There appears to be no reasonable alternative to the abandonment. The
Line serves the sole function of accessing the industry tracks of Agrium. There is no other
industry in the area, and none is anticipated. There is no overhead traffic The phosphate
rock produced by Agrium will continue to move in dedicated unit trains over the UP.
UP does not believe the property proposed for abandonment is suitable for
other public purposes, including roads or highways, other forms of mass transportation
conservation energy production or transmission, as the area because of its limited
population base is adequately served by existing roads and utility lines. The Line contains
approximately 3.992 acres of non-reversionary property. Based on information in UP'
possession , the Line does not contain federally granted right-of-way. Any documentation
in UP's possession will be made available to those requesting it.
The UP is of the opinion that the proposed abandonment would be beneficial
to the UP, the shipper Agrium and interstate commerce in general.
VI.
REASONABLE ALTERNATIVE: VIABILITY
There appears to be no reasonable alternative to the abandonment. There will
be no adverse effect on the sole shipper on the Line , Agrium, in that Agrium will
continue to have rail service to the Line. That is, Agrium will continue to receive direct
rail service from UP in that the Line serves the sole function of providing access to the
industry tracks of Agrium.
There should be no effect on regional or local transportation systems or
patterns , and there will be no diversion to other modes or transportation systems.
Since Agrium will be using the Line for its sole industrial purposes, the property
is not suitable for other public purposes including roads or highways , other forms of
mass transportation , conservation, energy production or transmission, or recreation.
VII.
THE EXEMPTION STANDARDS HAVE BEEN MET
The abandonment requires an exemption from 49 U.C. ~1 0903
Abandonment of rail lines requires authorization and approval of the Board
pursuant to 49 U.C. 910903. However, 49 U.C. 910502 requires the Board to exempt
a transaction when it finds: (1) continued regulation is not necessary to carry out the Rail
Transportation Policy of 49 U.C. 910101; and (2) either the transaction is of limited scope
or Board regulation is not necessary to protect shippers from an abuse of market power.
UP's proposal for abandonment and discontinuance of operations clearly satisfies the
standards for exemption under 49 U.C. 910502.
Detailed scrutiny by the Board under 49 U.C. 910903 is not necessary to
carry out the Rail Transportation Policy of 49 U.C. 910101. An exemption will minimize
UP'administrative expense and the cost, preparation and review associated with
progressing the proposed abandonment in a full application proceeding. An exemption will
expedite regulatory action and will reduce regulatory barriers to exit from the Line
consistent with Sections 10101 (2) and (7). An exemption will foster sound economic
conditions in the transportation industry consistent with Section 10101 (5), by permitting
UP's abandonment of the Line and subsequent sale to Agrium, the cost to maintain and
operate the Line will become the obligation of Agrium , the sole shipper, and will be
accounted for as an industry track.
The proposed abandonment is clearly a transaction of "limited scope. II The
Line is only 0.21 miles long and will have no recurring local traffic except the Agrium traffic
which will continue to receive direct rail service from UP through the connection to Agrium
facility via the Line. In addition , regulation of this abandonment is not needed to protect
shippers from an abuse of market power, since the reclassification of the Line will permit
Agrium exclusive utilization of the Line for Agrium s industrial shipping requirements.
VIII.
LAND AREA. FEDERAL GRANT INFORMATION. AND PUBLIC USE
The right-of-way is approximately 0.21 miles in length. The Line is 149 feet
in width and is in a dale. The topography of the land is hilly, rocky with some gently rolling
slopes and the property is generally not suitable for other public purposes including roads
or highways, other forms of mass transportation, conservation, energy production or
transmission or recreation as this area is adequately served by existing roads and utility
lines at the present time. The Line contains approximately 3.992 acres of non-reversionary
property. Based on information in UP's possession, the Line does not contain federally
granted right-of-way. Any documentation in UP's possession will be made available to
those requesting it.
UP is agreeable to the labor protection conditions imposed in abandonment
proceedings as prescribed in Oregon Short Line R. Co. - Abandonment - Goshen , 360
ICC 91 (1979).
ENVIRONMENTAL AND HISTORIC REPORT.
The required environmental and historic information is contained in the
Combined Environmental and Historic Report (the "CEHR") which was served on
November 8, 2004. A copy of the CEHR transmittal letter is attached hereto as
Attachment 2 and is hereby made a part hereof. The original and ten (10) copies of the
CEHR were sent to Ms. Victoria Rutson , Section of Environmental Analysis, on November
, 2004, for filing.
Subsequent to the filing of the combined CEHR one additional letter dated
November 4, 2004 was received by UP from the Department of the Army Corps of
Engineers ("Corp ). A copy of this letter is attached hereto as Attachment 3 and is hereby
made a part hereof. This letter states that based on the information provided the proposed
project will not require a permit from the Corp.
WHEREFORE, Union Pacific Railroad Company respectfully requests that
the Board issue a decision exempting the proposed abandonment from the provisions of
49 U.C. 910903 and direct that the exemption be effective on the date of the Board'
decision.
Dated this 15th day of December, 2004.
Respectfully submitted
0: \A ban do n m ants \33- 227X\P ET ITI ON. doc
ANY
Ma H. Sh mate, Jr.
Se ior General Attorney
101 North Wacker Drive , Room 1920
Chicago, IL 60606
Tel: [phone]; Fax: [phone]
VERIFICATION
STATE OF NEBRASKA
) ss:
COUNTY OF DOUGLAS
, RAYMOND E. ALLAMONG, JR., Senior Manager Rail Line Planning of
Union Pacific Railroad Company, declare under penalty of perjury, under the laws of the
United States of America, that I have read the foregoing document and that its
assertions are true and correct to the best of my knowledge, information and belief. I
further declare that I am qualified and authorized to submit this verification on behalf of
Union Pacific Railroad Company. I know that willful misstatements or omissions of
material facts constitute Federal criminal violations punishable under 18 U.C. 1001 by
imprisonment up to five years and fines up to $10 000 for each offense. Additionally, I
know that these misstatements are punishable as perjury under 18 U.C. 1621 , which
provides for fines up to $2 000 or imprisonment up to five years for each offense.
Dated at Omaha, Nebraska , this 9th day of November, 2004.
~NZm~~r7~'
SUBSCRIBED AND SWORN TO
before me this
fil
th d y of
vember, ~004.
Ie! btMA
Nota P blic
My Commission expires: M~ ~ 2 ooR:"
....
01:1. 1
O:\ABANDONMENTS\33-178X\VerRA.wpd
DRAFT FEDERAL REGISTER NOTICE
J49 C.R. ~ 1152.60(Qll
STB No. AB-33 (Sub-No. 227X)
Notice of Petition for Exemption to Abandon or
to Discontinue Service
On December 16, 2004, Union Pacific Railroad Company filed with the Surface
Transportation Board, Washington , D.C. 20423, a petition for exemption for the
abandonment and discontinuance of service over the Dry Valley Subdivision from milepost
23.90 to milepost 24.11, a distance of 0.21 miles in Caribou County, Idaho (the II Line
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 interest of railroad employees will be protected as required by 49 U.
10903(b)(2).
Any offer of financial assistance will be due no later than 10 days after service of a
decision granting the petition for exemption.
All interested persons 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 and any request for trail use/rail banking will
be due no later than 20 days after notice of the filing of the petition for exemption is
published in the Federal Register
Persons seeking further information concerning abandonment procedures may
contact the Surface Transportation Board or refer to the full abandonment or
discontinuance regulations at 49 CFR Part 1152. Questions concerning environmental
issues may be directed to the Board's Section of Environmental Analysis , telephone (202)
565-1545.
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 made available within 60 days of the filing of the petition. The deadline for
submission of comments on the EA will generally be within 30 days of its service.
O:\ABANDONMENTS\33-221 x\FR.WPD
CERTIFICATE OF SERVICE AND PUBLICATION
The undersigned hereby certifies that a copy of the foregoing Petition for
Exemption in Docket No. AB-33 (Sub-No. 227X) by Union Pacific Railroad Company was
served on the date indicated below by mailing a copy, first class mail postage prepaid to
the following:
MTMCTEA
Attn: Railroads for National Defense
720 Thimble Shoals Blvd., Suite 130
Newport News, VA 23606-2574
Commission Secretary
Idaho Public Utilities Commission
P. O. Box 83720
472 West Washington St.
Boise, ID 83702
U. S. Department of the Interior
National Park Service
Recreation Resources Assistance Div.
O.,Box 37127
Washington , D.C. 20013-7127
Caribou County Commissioners
County Courthouse
159 S. Main Street
Soda Springs, ID 83276-1427
S. Department of Agriculture
Chief of the Forest Service
4th Floor NW, Auditors Building
14th Street & Independence Ave., S.
Washington, D.C. 20250
The undersigned further certifies that a notice of the abandonment was
published one time in the County where the rail line is located as follows:
County Newspaper Date
Caribou Caribou County Sun December 9, 2004
The above newspaper is generally circulated in the county where the rail line
is located. The Notice as published was in the form prescribed by the Board for a Petition
for Exemption at 49 CFR 1105.12.
Dated this 15th day of December, 2004.
Ma k H. Shumate , Jr.
0: \33-227X\33SUB227 .cOP .DOC
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YEAR OLD STRUCTURES DRY VALLEY SUBDIVISION
MP 23. 90 TO MP 24. J I
TOTAL OF 0.21 MILES
I N CAR I SOU COUNTY, IDAHO
BE ABANDONED UNION PACIFIC RAILROAD CO.
DRY VALLEY SUBDIVISION
DRY VALLEY, IDAHO
INCLUDING 50 + YEAR OLD STRUCTURES
SCALE MILES
FILE: q:\obandonments\obO350_dry _valley.dgn DATE: 04-0ct-O4 //:07
AB-33 (Sub-No227X)
ATTACHMENT NO.
t~~1f
November 5, 2004
VIA U.P .S. OVERNIGHT
Surface Transportation Board
Section of Environmental Analysis
1925 il K" St., N., Room 504
Washington, DC 20423-0001
Attention: Victoria Rutson
RE:Docket No. AB-33(Sub-No.227X), Union Pacific Railroad Company
Abandonment Exemption -In Carribou County, Idaho from M.P. 23.90 to
P. 24.11 (Dry Valley Subdivision)
Dear Ms. Rutson:
Enclosed for filing in the above-referenced docket is the original and ten (10)
copies of a Combined Environmental and Historic Report prepared pursuant to 49
R. 51105.7 and 91105., with a Certificate of Service, and a transmittal letter
pursuant to 49 C.R. 51105.11.
Union Pacific anticipates filing a Petition for Exemption in this matter on or after
November 29 , 2004.
Enclosures
0 :\ABANDO N ENTS\33- 227X\STB-EH R. doc
Mack H. Shumate. Jr.
Senior General Attorney, Law Department
UNION PACIFIC RAILROAD
101 N, Wacker Dr., Rm. 1920, Chicago, IL 60606-1718
ph. [phone] fie. [phone]
CERTIFICATE OF SERVICE
OF THE
COMBINED ENVIRONMENTAL AND HISTORIC REPORT
The undersigned hereby certifies that a copy of the foregoing Combined
Environmental and Historic Report in Docket No. AB-33 (Sub-No. 227X) for the Dry Valley
Subdivision in Caribou County, Idaho was served by first class mail on the 5th day of November
2004 on the following:
State Clearinahouse (or alternate)
Commission Secretary
Idaho Public Utilities Commission
P. O. Box 83720
472 West Washington St.
. Boise, ID 83702
s. Armv Corps ot EnQineers
S. Army Engineer District
Walla Walla
201 North Third Avenue
Walla Walla, W A 99362-1876
State Environmental Protection Aqencv
Idaho ~ivision of Environmental Quality
1410 N. Hilton
Boise, ID 83706
National Park Service
National Park Service
William D. Shaddox
Chief, land Resources Division
1849 cn St., N. W., #MS3540
Washington, DC 20240
State Coastal Zone Manaaement Aqencv
lit applicablel
None
Head of each County
Caribou County Commissioners
County Courthouse
159 S. Main Street
Soda Springs, ID 83276-1427
S. Natural Resources Conservation Service
State Conservationist
Natural Resource Conservation Service
9173 W. Barnes Drive, Ste. C
Boise, 10 83709-1573
Environmental Protection Aaencv
IReaionaIOffice)
S. Environmental Protection Agency
Region 10
1200 Sixth Avenue
Seattle, W A 98101
National Geodetic Survey
National Geodetic Survey
Frank Maida , Chief
Spatial Reference System Division
NOM N/NGS23
1315 E-W Highway
Silver Spring, MD 20910-3282
S. Fish and Wildlife
S. Fish & Wildlife Service, Region
911 NE 11th Avenue
Portland, OR 97232-4181
State Historic Preservation Office
State Historic Preservation Officer
Idaho Historical Society
1109 Main St., Suite 250
Boise, 10 83702
Shipper:
Agrium
13131 lake Fraser Drive S~
Calgary, AB T2J 7E8
Dated this 5th day of November, 2004
l~r- .'"
'1~1L i,=,:~11:Y f=f...'7107 TO CUCHNP P. 02/02
ATTACHMENT NO.
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WALlJ\ WALLA DISTRICT, CORPS OF ENGINEERS
IDAHO FALLS REGULATORY OFFICE
900 NORTH SKYLINE DRIVE. SUITE A
IDAHO FALLS, IDAHO 83402.1718
November 4, 2004
Regulatory Division
SUBJECT: N\VW No. 053300005
Mr. Charles Saylors
1J nion Pacific Railroad
1400 Douglas St-
Stop' 580
Omaha, 1\!epr;l':k~ ()81 /9-1 .;gn
Oer)f Mr ~(\''1()f'~.
This is in response to your October 11 , 2004 letter requesting our comments for Union
Pacific s proposed rail line abandonment at Dry Valley Mine from rnilepost 23.90 to 24.11. It is
our understanding tllat the section of line will be abandoned in place for use by Agrium in their
mine operation and that no actual work is proposed. Section 404 of the Clean Water Act (33
C. 1344) requires a Department of the Am1Y permit be obtained fOT the discharge of dredged
or fill material into waters of the United States. This includes most perennial and intermittent
rivers and streams, natural and nlan-made lakes and ponds, and wetlands, as well as irrigation
and drainage canals and ditches that arc tributaries to otheI waters. The Dry Valley Creek is a
water regulated under Section 404. Activities regulated under Section 404 include excavation
and mechanized landclearing activities, which result in the discharge of dredged material and
destroy or degrade waters of the United St3tes. The term waters of the United States includes
rivers, lakes, streanlS, (both perennial and intermittent)~ ponds, and \-vetlands.
Based on the information provided, it appears the proposed project will not involve work in
areas subject to our jurisdiction and a Department of the Anny permit will not be required.
you have any ques1i.ons concerning these regulatory matters, please contact 111e at 208-522-1676
(fax [phone]).
~incerely,
9~m.James M. Joyne.
Regulatory Project Manager
Enclosures
** TOTAL PAGE. 02 *A(