[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Notices]
[Pages 31829-31832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15441]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33407]


Dakota, Minnesota & Eastern Railroad Corporation--Construction 
and Operation of New Rail Facilities in Campbell, Converse, Niobrara, 
and Weston Counties, Wyoming, Custer, Fall River, Jackson, and 
Pennington Counties, South Dakota, and Blue Earth, Nicollet, and Steele 
Counties, Minnesota

AGENCY: Surface Transportation Board.

ACTION: Notice of Availability of Draft Scope of Study for the 
Environmental Impact Statement (EIS) and Request for Comments.

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SUMMARY: On February 20, 1998, the Dakota, Minnesota & Eastern Railroad 
Corporation (DM&E) filed an application with the Surface Transportation 
Board (Board) for authority to construct and operate new rail line 
facilities in east-central Wyoming, southwest South Dakota, and south-
central Minnesota. The project involves a total new construction of 
280.9 miles of rail line. Additionally, DM&E proposes to rebuild 597.8 
miles of existing rail line along its current system to standards 
acceptable for operation of unit coal trains. Because the construction 
and operation of this project has the potential to result in 
significant environmental impact, the Board's Section of Environmental 
Analysis (SEA) has determined that the preparation of an Environmental 
Impact Statement (EIS) is appropriate. SEA will hold agency and public 
scoping meetings as part of the EIS process, as discussed in the Notice 
of Intent to Prepare an Environmental Impact Statement (EIS), Request 
for Comments on the Proposed EIS Scope, and Notice of Scoping Meetings 
published by the Board on March 27, 1998. As part of the scoping 
process, the SEA has developed a draft Scope of Study for the EIS. The 
draft Scope of Study presents those issues that would normally be 
evaluated in an EIS for a project of this nature.

DATES: Written comments on the draft Scope of Study are due July 10, 
1998.

FILING ENVIRONMENTAL COMMENTS: Interested persons and agencies are 
invited to participate in the EIS scoping process. A signed original 
and 10 copies of comments should be submitted separately to: Office of 
the Secretary, Case Control Unit, STB Finance Docket No. 33407, Surface 
Transportation Board, 1925 K Street, NW, Washington, D.C. 20423-0001.
    To ensure proper handling of your comments, you must mark your 
submission: Attention: Elaine K. Kaiser, Chief, Section of 
Environmental Analysis, Environmental Filing.

FOR FURTHER INFORMATION CONTACT: Ms. Victoria Rutson, SEA Project 
Manager, Powder River Basin Expansion Project, (202) 565-1545 or Mr. 
Steve Thornhill of Burns & McDonnell, SEA's third party contractor, at 
(816) 822-3851.

SUPPLEMENTARY INFORMATION:

Draft Scope of Study for the EIS

Proposed Action and Alternatives

    The proposed action, referred to as the Powder River Basin 
Expansion Project, would involve the construction and operation of 
280.9 miles of new rail line and the rebuilding of 597.8 miles of 
existing rail line by the Dakota, Minnesota & Eastern Railroad 
Corporation (DM&E), Brookings, South Dakota, as described in the 
February 20, 1998 application for construction and operation authority 
for the project filed by DM&E and in the March 27, 1998 Notice of 
Intent to Prepare an EIS published in the Federal Register by the 
Board.
    Consistent with its jurisdiction under the ICC Termination Act of 
1995, Pub. L. No. 104-88, 109 Stat. 803 (1995), the Board intends to 
conduct an environmental analysis of the new construction and the 
increase in operations over DM&E's existing system. The EIS will not 
consider any proposed construction or improvements to DM&E's existing 
system, but will address the anticipated impacts of the projected 
increases in train traffic over the entire existing system.
    The reasonable and feasible alternatives that will be evaluated in 
the EIS are (1) the no-action alternative (2) construction of the 
project along the identified preferred alignments in Wyoming and South 
Dakota for the mainline extension and in Minnesota for the Mankato 
Bypass and Owatonna connecting track and (3) construction of the 
project along each of the identified alternative alignments in Wyoming 
and South Dakota for the mainline extension and in Minnesota for the 
Mankato Bypass and Owatonna connecting track.

Environmental Impact Analysis

Proposed New Construction

    Analysis in the EIS will address the proposed activities associated 
with the construction and operation of new rail facilities and their 
potential environmental impacts, as appropriate. The scope of the 
analysis will include the following activities:
    1. Proposed construction of new rail mainline extension to access 
coal mines south of Gillette, Wyoming.
    2. Proposed construction of new rail mainline to bypass DM&E's 
existing trackage rights on Union Pacific Railroad in Mankato, 
Minnesota.
    3. Proposed construction of new rail line connection between DM&E 
and I&M Rail Link south of Owatonna, Minnesota.

Impact Categories

    The EIS will address potential impacts from the proposed 
construction and operation of new rail facilities on the human and 
natural environment. Impacts areas addressed will include the 
categories of land use, biological resources, water resources, geology 
and soils, air quality, noise, energy resources, socioeconomics as they 
relate to physical changes in the environment, safety, transportation 
systems, cultural and historic resources, recreation, aesthetics, and 
environmental justice. The EIS will include a discussion of each of 
these categories as they currently exist in the project area and 
address the potential impacts from the proposed project on each 
category as described below:
1. Land Use
    The EIS will:
    A. Describe existing land use patterns within the project area and 
identify those land uses and the amounts of each

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potentially impacted by new rail line construction.
    B. Describe the potential impacts associated with the proposed new 
rail line construction to agricultural lands including cropland, 
pastureland, rangeland, grassland, woodland, developed land, and any 
other land uses identified within the project area. Such potential 
impacts may include impacts to farming/ranching activities, 
introduction of noxious weeds, fire hazard, incompatibility with 
existing land uses, relocation of residences or businesses, and 
conversion of land to railroad uses.
    C. Propose mitigative measures to minimize or eliminate potential 
project impacts to land use.
2. Biological Resources
    The EIS will:
    A. Describe the existing biological resources within the project 
area including vegetative communities, wildlife and fisheries, and 
federally threatened or endangered species and the potential impacts to 
these resources resultant from construction and operation of new rail 
line.
    B. Describe the wildlife sanctuaries, refuges, and national or 
state parks, forests, or grasslands within the project area and the 
potential impacts to these resources resultant from construction and 
operation of new rail line.
    C. Propose mitigative measures to minimize or eliminate potential 
project impacts to biological resources.
3. Water Resources
    The EIS will:
    A. Describe the existing surface and groundwater resources within 
the project area, including lakes, rivers, streams, stock ponds, 
wetlands, and floodplains and the potential impacts on these resources 
resultant from construction and operation of new rail line.
    B. Describe the permitting requirements for the proposed new rail 
line construction in regard to wetlands, stream crossings, water 
quality, and erosion control.
    C. Propose mitigative measures to minimize or eliminate potential 
project impacts to water resources.
4. Geology and Soils
    The EIS will:
    A. Describe the geology and soils found within the project area, 
including unique or problematic geologic formations or soils and prime 
farmland soils.
    B. Describe measures employed to avoid or construct through unique 
or problematic geologic formations or soils.
    C. Describe the impacts of new rail line construction on prime 
farmland soils.
    D. Propose mitigative measures to minimize or eliminate potential 
project impacts to geology and soils.
5. Air Quality
    The EIS will:
    A. Evaluate rail air emissions on new rail that exceed the Board's 
environmental thresholds in 49 CFR 1105.7(e)(5)(I), in an air quality 
attainment or maintenance area as designated under the Clean Air Act . 
The threshold anticipated to apply to this project is eight trains per 
day on any segment of new rail line.
    B. Evaluate rail air emissions on new rail line, if the proposed 
project affects a Class I or non-attainment area as designated under 
the Clean Air Act. The threshold for Class I and non-attainment areas 
anticipated to apply to this project is 3 trains per day or more.
    C. Evaluate the potential air quality benefits associated with the 
increased availability and utilization of lower sulfur Powder River 
Basin coal.
    D. Discuss the potential air emissions increases from vehicle 
delays at new grade rail crossings where the rail crossing is projected 
to experience an increase in rail traffic over the thresholds described 
above for attainment, maintenance, Class I, and non-attainment areas 
and that have an average daily vehicle traffic level of over 5,000. 
Emissions from vehicle delays at new grade rail crossings will be 
factored into the emissions estimates for the affected area, as 
appropriate.
    E. Describe the potential air quality impacts resulting during new 
rail line construction activities.
    F. Propose mitigative measures to minimize or eliminate potential 
project impacts to air quality during new rail line construction.
6. Noise
    The EIS will:
    A. Describe the potential noise impacts during new rail line 
construction.
    B. Describe potential noise impacts of new rail line operation for 
those areas that exceed the Board's environmental threshold of eight or 
more trains per day.
    C. Propose mitigative measures to minimize or eliminate potential 
project impacts to noise receptors.
7. Energy Resources
    The EIS will:
    A. Describe the potential environmental impact of the new rail line 
on the transportation of energy resources and recyclable commodities.
    B. Describe the environmental impacts of the new rail line on 
utilization of the nation's energy resources.
8. Socioeconomics
    The EIS will:
    A. Describe the potential environmental impacts to residences, 
residential areas, and communities within the project area as a result 
of new rail line construction and operation activities.
    B. Describe the potential environmental impacts to commercial and 
industrial development in the project area as a result of new rail line 
construction and operation.
    C. Propose mitigative measures to minimize or eliminate potential 
adverse project impacts to social and economic resources.
9. Safety
    The EIS will:
    A. Describe rail/highway grade crossing safety factors at new grade 
crossings, as appropriate.
    B. Describe the potential for increased probability of train 
accidents, derailments, and train/vehicular accidents at new grade 
crossings, as appropriate.
    C. Describe the potential for disruption and delays to the movement 
of emergency vehicles due to new rail line construction and operation.
    D. Propose mitigative measures to minimize or eliminate potential 
adverse project impacts to safety.
10. Transportation Systems
    The EIS will describe the potential effects of new rail line 
construction and operation on the existing transportation network in 
the project area including:
    (1) Impacts to other rail carriers' operations and
    (2) Vehicular delays at new grade crossings for those crossings 
having average daily vehicle traffic of 5,000 or more.
11. Cultural and Historic Resources
    The EIS will:
    A. Describe the potential impacts to historic structures or 
districts previously recorded and determined potentially eligible, 
eligible, or listed on the National Register of Historic Places within 
or immediately adjacent to the right-of-way for the preferred and 
alternative construction alignments.
    B. Describe the potential impacts to archaeological sites 
previously recorded and either listed as unevaluated or determined 
potentially eligible, eligible, or listed on the National Register of 
Historic Places within the right-of-way

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for the preferred and alternative construction alignments.
    C. Describe the potential impacts to historic structures or 
districts identified by ground survey and determined potentially 
eligible or eligible for listing on the National Register of Historic 
Places within or immediately adjacent to the right-of-way for the 
preferred construction alignment.
    D. Describe the potential impacts to archaeological sites 
identified by ground survey and determined potentially eligible or 
eligible for listing on the National Register of Historic Places within 
the right-of-way for the preferred construction alignment.
    E. Describe the potential general impacts to paleontological 
resources in the project area due to project construction, if necessary 
and required.
    F. Describe the potential impacts to paleontological resources 
identified by ground survey of the preferred construction alternative 
alignment on federal lands, if necessary and required.
12. Recreation
    The EIS will describe the potential impacts of the proposed new 
rail line construction and operation on the recreational opportunities 
provided in the project area.
13. Aesthetics
    The EIS will:
    A. Describe the potential impacts of the proposed new rail line 
construction on any areas identified or determined to be of high visual 
quality.
    B. Describe the potential impacts of the proposed new rail line 
construction on any designated wilderness areas.
    C. Describe the potential impacts of the proposed new rail line 
construction on any waterways considered for or designated as wild and 
scenic.
14. Environmental Justice
    The EIS will:
    A. Describe the demographics in the project area and the immediate 
vicinity of the proposed new construction, as possible, including 
communities potentially impacted by the construction and operation of 
the proposed new rail line construction.
    B. Evaluate whether new rail line construction or operation 
activities would have a disproportionately high adverse impact on any 
minority or low-income groups.

Increased Traffic on Existing DM&E System

    Analysis in the EIS will address the potential environmental 
impacts associated with the increased level of rail traffic on DM&E's 
existing rail system due to operation of the proposed new rail 
facilities. The scope of the analysis will include the following 
activities:
    1. Analysis of anticipated changes in the levels of rail traffic 
along the existing DM&E system to be rebuilt, in association with 
proposed new construction projects, to facilitate coal transportation. 
Those segments of rail line that meet or exceed the Board's thresholds 
for environmental review, as defined in 49 CFR 1105.7, will be 
evaluated. In cases where the Board's environmental rules do not 
provide a threshold, the EIS will use eight trains per day or more as 
the threshold for environmental evaluation.

Impact Categories

    The EIS will address potential impacts from the proposed increases 
in trains operating over existing rail facilities on the human 
environment. Impacts areas addressed will include the categories of air 
quality, noise, energy resources, safety, transportation systems, and 
environmental justice. The EIS will include a discussion of each of 
these categories as they currently exist in the project area and 
address the potential impacts from the proposed operational impacts of 
the project on each category as described below:
1. Air Quality
    The EIS will:
    A. Evaluate rail air emissions for existing rail lines that exceed 
the Board's environmental thresholds in 49 CFR 1105.7(e)(5)(I), in an 
air quality attainment or maintenance area as designated under the 
Clean Air Act . The thresholds anticipated to apply to this project 
include:
    (1) A 100 percent increase in rail traffic on any segment of DM&E's 
existing system.
    (2) An increase of eight trains per day on any segment of rail line 
affected by the proposed construction.
    B. Evaluate rail air emissions for existing rail lines, if the 
proposed project affects a Class I or non-attainment area as designated 
under the Clean Air Act. Thresholds for Class I and non-attainment 
areas anticipated to apply to this project are as follows:
    (1) An increase in rail traffic of 50 percent or more or
    (2) An increase of 3 trains per day or more.
    C. Discuss the net increase in emissions from increased railroad 
operations associated with the proposed operations over the existing 
DM&E system.
    D. Discuss the potential air emissions increases from vehicle 
delays at existing rail crossings where the rail crossing is projected 
to experience an increase in rail traffic over the thresholds described 
above for attainment, maintenance, Class I, and non-attainment areas 
and that have an average daily vehicle traffic level of over 5,000. 
Emissions from vehicle delays at existing rail crossings will be 
factored into the emissions estimates for the affected area.
2. Noise
    The EIS will:
    A. Describe potential noise impacts of project operation on 
existing DM&E rail lines that exceed the Board's environmental 
thresholds of a 100 percent or more increase in rail traffic or an 
increase of 8 or more trains per day.
    B. Identify whether proposed train operations on DM&E's existing 
rail lines will cause:
    (1) An increase in noise levels of three decibels Ldn or more; or
    (2) An increase to a noise level of 65 decibels Ldn or greater. If 
so, an estimate of the number of sensitive receptors (e.g., schools, 
libraries, churches, residences) within such areas will be made based 
on site visits to those areas potentially affected.
3. Energy Resources
    The EIS will:
    A. Describe the potential environmental impact on transportation of 
energy resources and recyclable commodities.
    B. Describe the environmental impacts from rail operations over the 
existing DM&E rail system on utilization of the nations energy 
resources.
4. Safety
    The EIS will:
    A. Describe rail/highway grade crossing safety factors for existing 
grade crossings, as appropriate.
    B. Describe the potential for increased probability of train 
accidents, derailments, and train/vehicular accidents along the 
existing DM&E system, as appropriate.
    C. Describe the potential for disruption and delays to the movement 
of emergency vehicles at existing crossings due to rail operations on 
the existing DM&E system.
    D. Describe the changes at existing grade crosses implemented to 
increase safety at existing grade crossings due to increased rail 
operations on the DM&E system. Such changes would include signalization 
upgrades and conversion of grade crossings to grade separated 
crossings.
    E. Propose mitigative measures to minimize or eliminate potential 
adverse project impacts to safety.

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5. Transportation Systems
    The EIS will:
    A. Describe the potential effects of project construction and 
operation on the existing transportation network in the project area 
including:
    (1) impacts to other rail carriers' operations and
    (2) vehicular delays at new grade crossings for those crossings 
having average daily vehicle traffic of 5,000 or more.
    B. Describe the effects of the proposed construction and subsequent 
operation of the proposed project throughout DM&E's existing system.

    By the Board, Elaine K. Kaiser, Chief, Section of Environmental 
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 98-15441 Filed 6-9-98; 8:45 am]
BILLING CODE 4915-00-P