Central Kansas Railway - posted the following in several newspaper
| OmniTRAX, Inc. 252 Clayton Street, 4th Floor Denver, Colorado 80206 303-393-0033 303-393-0041 fax www.omnitrax.com DATE: June 8, 2000 FROM: Jo Ann Beltrame 303-93-0033 Fax: 303-393-8047 RE: Publication of Notice CENTRAL KANSAS RAILWAY LIMITED LIABILITY COMPANY AB-406-SDM NARRATIVE DESCRIPTION OF RAIL SYSTEM Central Kansas Railway Limited Liability Company, a Kansas limited liability company, owns, leases or operates approximately 1,028 miles of rail line in the State of Kansas, including: (1) the Hardtner Subdivision from MP 485.938 at Wichita, Kansas to MP 514 at Conway Springs, Kansas; (2) the Stafford Subdivision from MP 559.028 in Conway Springs to MP 591.8 in Kingman, Kansas; (3) the Hutchinson Subdivision from MP 572.677 on the east leg of the wye and 1,213 feet of the west leg of the wye at Geneseo, Kansas and MP 486.003 of the northeast leg of the wye and 984 feet of the southwest leg of the wye at Wichita, Kansas; (4) the Scott City Subdivision from MP 0 at Great Bend, Kansas to MP 120.1 in Scott City, Kansas; (5) the Hoisington Subdivision from MP 491.2 at Bridgeport, Kansas to MP 747.5 at Towner, Colorado; (6) the Great Bend Subdivision from MP 223.2 at Hutchinson, Kansas to MP 303 at Garfield, Kansas; (7) the H&S Subdivision from MP 3.6 at Hutchinson, (8) the H&S Subdivision from MP 32.5 at Kingman, Kansas to MP 56.7 at Harper, Kansas; (9) the McPherson Subdivision from MP 43.8 at McPherson, Kansas to MP 98.5 at Ellinwood,Kansas; (10) the Salina Subdivision from MP 20.5 at Salina, Kansas to
MP (11) the Medicine Lodge Subdivision from MP 0 at Attica, Kansas to MP 41 at Sun City, Kansas (12) the Wichita Subdivision from MP 0 at Wichita, Kansas to MP 79.7 at Pratt, Kansas; (13) the Englewood Subdivision from MP 46 at Rago, Kansas to MP 136 at Protection, Kansas; (14) the Jetmore Subdivision from MP 0 at Larned to MP 47 at
Jetmore. |
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For Trails Kansas Eastern Railroad, Inc. (KER) filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 44.5-mile line of railroad between milepost 438.5 at Severy, and milepost 483.0 near Augusta, in Butler and Greenwood Counties, KS. Notice of the exemption was served and published in the Federal Register on August 25, 1999 (64 FR 46471). (1) On December 10, 1999, a decision and notice of interim trail use or abandonment (NITU) was served that reopened the proceeding to implement interim trail use/rail banking for the entire line under 49 CFR 1152.29 and the National Trails System Act, 16 U.S.C. 1247(d), and provided a 180-day period for KER to negotiate an agreement with Butler County for portions of the right-of-way between milepost 438.5 and milepost 476.4, and between milepost 476.65 and milepost 483.0 in this proceeding. The negotiation period under the NITU expired on March 22, 2000. (2) By petition filed June 23, 2000, American Trails Association, Inc. (ATA), a new negotiation party, filed a request for a NITU for portions of the right-of-way between milepost 438.5 at Severy and milepost 476.4 and between milepost 476.65 and milepost 483.0 near Augusta in Butler and Greenwood Counties, KS. ATA submitted a statement of willingness to assume financial responsibility for interim trial use and rail banking in compliance with 49 CFR 1152.29 and acknowledged that the use of the right-of-way as a trail is subject to possible future reconstruction and reactivation of the right-of-way for rail service. On June 27, 2000, KER advised the Board that it is willing to negotiate with ATA for interim trail use and that it has not consummated the abandonment of the NITU lines. Trail use requests are accepted as long as the Board retains jurisdiction over the involved railroad right-of-way (3) and the carrier is willing to enter into negotiations. Inasmush as KER has not consummated the abandonment and is willing to negotiate with ATA for the right-of-way, a NITU will be issued with the trail use negotiation period running for 180 days from the service date of ths decision or until January 1, 2001. If no agreement is reached within that time period, KER may fully abandon the line. Use of the right-of-way for trail purposes is subject to restoration for railroad purposes. See 49 CFR 1152.29(d)(2).
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