Summary: CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.
DOCKET NO. AB-33 (Sub No. 192X)
Union Pacific Railroad Company - Abandonment Exemption In Salt Lake and Utah Counties, UT
BACKGROUND
In the above entitled proceeding, Union Pacific Railroad Company (UPR), the Applicant, has filed a notice of exemption under 49 CFR 1152, Subpart F seeking exemption from the requirements of 49 U.S.C. 10903 in connection with the abandonment, discontinuance of service and trackage rights of the Provo Industrial Lead (Line) from milepost 772.00 near Cutler to milepost 775.23 near Mount, a distance of approximately 3.23 miles, in Salt Lake and Utah Counties, Utah. A map depicting the rail line in relationship to the areas served is appended to the report. If the notice becomes effective, the Applicants will be able to salvage track, ties and other railroad appurtenances and to dispose of the right-of-way.
DESCRIPTION OF THE LINE
UPR states that the Line was constructed in 1872 by the Utah Southern Railroad. According to the UPR, no local traffic has moved over the Line in at least two years and that no formal complaint has been filed regarding cessation of rail service. The Applicant further states that no overhead traffic is moving over the Line. UPR describes the surrounding area as generally level and traversing both rural and high-density urban communities.
UPR states that the property is suitable for public purposes including continued use as a public transportation corridor, including highway, trail, mass transportation, and energy transmission lines. UPR describes the area traversed by the rail line as consisting of federally granted right-of-way, portions of which are subject to reversionary interests.
The Applicant also states that the right-of-way and track structures have been sold to the Utah Transit Authority for potential future use as commuter rail transportation. UPR will retain an operating easement over the Line until abandonment authority has been granted.
UPR states that there are no structures located on the right-of-way that are 50 years old or older. UPR also believes that any archaeological sites within the right-of-way would have been disturbed during initial rail line construction and that salvage activities should not adversely impact previously undisturbed archaeological sites.
ENVIRONMENTAL REVIEW
UPR has submitted an environmental and historic report that concludes the quality of the human environment will not be affected significantly as a result of the abandonment or any post-abandonment activities, including salvage and disposition of the right-of-way. UPR served the environmental and historical reports on a number of appropriate Federal, state, and local agencies as required by the Surface Transportation Board's environmental rules [49 CFR 1105.7(b)]. We have reviewed and investigated the record in this proceeding. We have also consulted with appropriate agencies and individuals to verify the railroad's environmental and historical report and to obtain additional information and comments regarding the potential environmental effects of the proposed abandonment.
Comments have been received from the U.S. Department of Interior, Fish and Wildlife Service (FWS), U.S. Army Corps of Engineers(COE), the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS), Salt Lake County Public Works Department, Planning and Development Services Division, and the Utah Department of Environmental Quality - Water Quality Division.
The following agencies have been contacted, however, to date, comments have not been received: Utah Department of Environmental Quality - Hazardous Waste Division, U.S. Environmental Protection Agency - Region VIII, Nation Park Service, the U.S. Department of Commerce - National Geodetic Survey, and the Utah County Board of Commissioners.
Land Use
The Salt Lake City Public Works Department, Planning and Development Services Division, states that only a small portion of this Line is located within Salt Lake County and that all planning and zoning issues would be administered by Draper City, Utah. To date, the Utah County Board of Commissioners has not completed its review.
The NRCS states that if rail abandonment activities are confined to the existing right-of-way that adjacent farmlands will not be impacted.
Water
The COE has completed its review of the proposed abandonment and determined that a permit is not required.
The Utah Department of Environmental Quality - Water Quality Division stated that the project, as proposed, does not require a permit. However, if salvage activities are initiated, a Construction Stormwater Permit must be obtained.
Biological Resources
The FWS has completed its review of the proposed abandonment and has identified the following threatened and endangered species in the project area: Slender Moonwort, Ute Ladies-tresses, June Sucker, Bald Eagle, Western Yellow-Billed Cuckoo, Clay Phacelia, Desert Milkvetch, Utah Valvata Snail, and the Canada Lynx. The FWS has expressed particular concern for the endangered June Sucker and any activities that may adversely impact waters draining into the Utah Lake system. However, because UPR does not intend to conduct any salvage activities, SEA believes that the project, as proposed, will not adversely impact any of the threatened and endangered species listed above. SEA has confirmed this conclusion with the FWS.
Cultural and Historic Resources
The National Geodetic Survey (NGS) has not completed its review of the proposed abandonment. NGS requests that it receive not less than 90 days' notification in advance of any salvage activities that may affect the marker in order to plan for their relocation.
Hazardous Waste Disposal
The Utah Department of Environmental Quality - Hazardous Waste Division has not completed its review. Therefore, DEQ-HW requests that UPR consult with their office to identify all hazardous waste sites that may be located within the right-of-way prior to abandoning this Line.
CONDITIONS
Because many of the agencies we rely on to complete our environmental analysis have not yet completed their review, we preliminarily recommend the following conditions. A copy of the Environmental Assessment has been sent to those agencies for consideration.
CONCLUSIONS
Based on the information provided from all sources to date, we conclude that, as currently proposed and if the recommended environmental conditions are imposed, abandonment of the line will not significantly affect the quality of the human environment. Therefore, the environmental impact statement process is unnecessary.
Alternatives to the proposed abandonment would include denial (and, therefore, no change in operations), discontinuance of service without abandonment and continued operation by another operator. In any of these cases, the existing quality of the human environment and energy consumption should not be affected.
PUBLIC USE
If abandonment and salvage of the rail line does take place, the right-of-way may be suitable for other public use. A request containing the requisite four-part showing for imposition of a public use condition (49 CFR 1152.28) must be filed with the Surface Transportation Board and served on the railroad within the time specified in the Federal Register notice.
Union Pacific Railroad intends to transfer ownership of the Line to the Utah Transit Authority for potential future commuter rail service.
TRAILS USE
A request for a notice of interim trail use (NITU) is due to the Surface Transportation Board, with a copy to the railroad, within 10 days of publication of the notice of exemption in the Federal Register. However, the Board will accept late-filed requests as long as it retains jurisdiction to do so. This request must comply with the Board's rules for use of rights-of-way as trails (49 CFR 1152.29).
PUBLIC ASSISTANCE
The Board's Office of Public Services (OPS) responds to questions regarding interim trail use, public use, and other reuse alternatives. You may contact OPS directly at (202) 565-1592 or mail inquiries to the Surface Transportation Board, Office of Public Services, Washington, DC 20423.
ENVIRONMENTAL COMMENTS
If you wish to file comments regarding this environmental assessment, send an original and two copies to Surface Transportation Board, Case Control Unit, Washington, DC 20423 to the attention of Troy Brady, who prepared this environmental assessment. Please refer to
Docket No. AB-33 (Sub No. 192X) in all correspondence addressed to the Board. Questions regarding this environmental assessment should be referred to Troy Brady at (202) 565-1643.
Date made available to the public: December 6, 2002.
Comment due date: December 23, 2002 (15 days).