[Federal Register Volume 69, Number 18 (Wednesday, January 28, 2004)]
[Notices]
[Pages 4200-4202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1794]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34284]


Southwest Gulf Railroad Company--Construction and Operation 
Exemption--Medina County, TX

AGENCY: Surface Transportation Board, Transportation.

ACTION: Notice of intent to prepare an environmental impact statement; 
notice of initiation of the scoping process; notice of availability of 
draft scope of study for the environmental impact statement and request 
for comments.

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SUMMARY: On February 27, 2003, Southwest Gulf Railroad Company (SGR) 
filed a petition with the Surface Transportation Board (Board) pursuant 
to 49 U.S.C. 10502 for authority to construct and operate a new rail 
line in Medina County, Texas. The proposed project would involve the 
construction and operation of approximately seven miles of new rail 
line. Because the effects of the proposed project on the quality of the 
human environment are likely to be highly controversial, the Board's 
Section of Environmental Analysis (SEA) has determined that the 
preparation of an Environmental Impact Statement (EIS) is appropriate. 
The purpose of this notice is to notify individuals and agencies 
interested in or affected by the proposed project of SEA's decision to 
prepare an EIS and to initiate the formal scoping process. This notice 
also announces the availability of a draft scope of study and requests 
comments on the draft scope of study.

DATES: Comments are due by February 26, 2004.
    Submitting Environmental Comments: If you wish to submit written 
comments regarding the attached proposed draft scope of study, please 
send an original and two copies to the Surface Transportation Board, 
Case Control Unit, 1925 K Street, NW., Washington, DC 20423-0001, to 
the attention of Rini Ghosh. Please refer to STB Finance Docket No. 
34284 in all correspondence addressed to the Board.

FOR FURTHER INFORMATION CONTACT: Ms. Rini Ghosh, Section of 
Environmental Analysis, Surface Transportation Board, 1925 K Street, 
NW., Washington, DC 20423-0001, or 512-419-5941 (the project 
information line). Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-8339. 
The Web site for the Surface Transportation Board is http://www.stb.dot.gov.

SUPPLEMENTARY INFORMATION:
    Background: By petition filed on February 27, 2003, SGR sought an 
exemption from the Board under 49 U.S.C. 10502 from the prior approval 
requirements of 49 U.S.C. 10901 for authority to construct and operate 
an approximately seven mile line of railroad in Medina County, TX. The 
proposed rail line would connect a proposed Vulcan Construction 
Materials, LP quarry and the Del Rio subdivision of the Union Pacific 
Railroad Company (UP) at milepost 250, near Dunlay, Texas. SGR would 
use the new rail line to transport limestone from the proposed quarry 
to the UP rail line, for shipment to markets in the Houston area, as 
well as other markets in the Southeast, Gulf Coast, and Rio Grande 
Valley regions of Texas. Although the primary purpose of the proposed 
construction is to provide rail service to the quarry site, SGR would 
hold itself out as a common carrier and provide service to other 
industries that might locate in the area in the future. In a decision 
served on May 19, 2003, the Board granted conditional approval to SGR's 
petition, subject to completion of the environmental review process.
    Pursuant to the Board's responsibilities under the National 
Environmental Policy Act (NEPA), SEA has begun the environmental review 
of SGR's proposal by consulting with appropriate Federal, State, and 
local agencies, as well as SGR, and conducting technical surveys and 
analyses. SEA has also consulted with the Texas Historical Commission 
(THC) in accordance with the regulations implementing section 106 of 
the National Historic Preservation Act (NHPA) at 36 CFR part 800 and 
identified appropriate consulting parties to the section 106 process.
    On October 10, 2003, SEA issued a Preliminary Cultural Resources 
Assessment report to the section 106 consulting parties for review and 
comment. The report set forth SEA's preliminary findings and 
recommendations regarding cultural resources in the proposed project 
area. THC, the consulting parties, and other individuals submitted 
comment letters in response to the report; many of the comments 
addressed environmental

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concerns not related to cultural resources.
    Due to substantial early public interest in the proposed project, 
SEA has also conducted extensive public outreach and informal 
scoping,\1\ including holding an informational Open House in Hondo, 
Texas on June 12, 2003. Approximately 200 people attended the Open 
House and over 100 comment letters were received in response to the 
Open House.
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    \1\ Agencies may conduct informal scoping prior to issuance of 
the Notice of Intent to prepare an EIS. See Forty Most Asked 
Questions Concerning CEQ's National Environmental Policy Act 
Regulations, 46 FR 18026 (1981), Question 13.
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    Based on the nature and content of the numerous public and agency 
comments received, including the comments on the Preliminary Cultural 
Resources Assessment report,\2\ SEA has determined that the effects of 
the proposed project on the quality of the human environment are likely 
to be highly controversial, and that thus, preparation of an EIS is 
appropriate.\3\ At this point in the environmental review process, SEA 
intends to analyze the potential environmental impacts of the proposed 
route, the no-action or no-build alternative (i.e., transporting the 
limestone by truck instead of rail), and three possible alternative 
routes. We welcome comments on these or additional alternatives.
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    \2\ All comments received are available on the Board's Web site 
at http://www.stb.dot.gov, by clicking on ``Environmental Issues,'' 
clicking on ``Environmental Correspondence,'' and then searching the 
materials under ``FD 34284.''
    \3\ See 40 CFR 1508.27(b)(4).
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    Environmental Review Process: The NEPA process is intended to 
assist the Board and the public in identifying and assessing the 
potential environmental consequences of a proposed action before a 
decision on the proposed action is made. SEA is responsible for 
ensuring that the Board complies with NEPA and related environmental 
statutes. The first stage of the EIS process is scoping. Scoping is an 
open process for determining the scope of environmental issues to be 
addressed in the EIS. SEA has developed a draft scope of study for the 
EIS for public review and comment, which incorporates the issues and 
concerns raised in the comment letters SEA has received thus far. SEA 
is soliciting written comments on this draft scope of study. After the 
close of the comment period on the draft scope of study, SEA will 
review all comments received and then issue a final scope of study for 
the EIS.
    Following the issuance of the final scope of study, SEA will 
prepare a Draft EIS (DEIS) for the project. The DEIS will address those 
environmental issues and concerns identified during the scoping 
process. It will also contain SEA's preliminary recommendations for 
environmental mitigation measures. Upon its completion, the DEIS will 
be made available for public and agency review and comment for at least 
45 days. A public meeting will also be held during the comment period 
for the Draft EIS. The details of the public meeting, including the 
specific format, location, and date, will be available in the Draft 
EIS. SEA will then prepare a Final EIS (FEIS) that addresses the 
comments on the DEIS from the public and agencies. Then, in reaching 
its decision in this case, the Board will take into account the DEIS, 
the FEIS, and all environmental comments that are received.

Draft Scope of Study for the EIS: Proposed Action and Alternatives

    The proposed project would involve the construction and operation 
of a single-track rail line to connect a proposed Vulcan Construction 
Materials, LP quarry and UP's Del Rio subdivision line. The proposed 
rail line would extend about seven miles from the quarry site to 
approximately milepost 250 of the UP line, at a point near Dunlay, 
Texas. SGR would use the new rail line to transport limestone from the 
proposed quarry to the UP rail line, for shipment to markets in the 
Houston area, as well as other markets in the Southeast, Gulf Coast, 
and Rio Grande Valley regions of Texas. Although the primary purpose of 
the proposed construction is to provide rail service to the quarry 
site, SGR would hold itself out as a common carrier and provide service 
to other industries that might locate in the area in the future.
    The reasonable and feasible alternatives that will be evaluated in 
the EIS are (1) construction and operation of the proposed project 
along SGR's proposed alignment (including a rail loading facility, 
consisting of a loading loop or a series of parallel tracks, that would 
be constructed and operated on the quarry property and is not subject 
to the Board's jurisdiction), (2) three alternative routes that have 
been developed to date, as well as other alternatives that might be 
identified during the scoping process, and (3) the no-action or no-
build alternative (this would involve transportation of the limestone 
by truck from the proposed quarry to the UP rail line, instead of by 
rail). We welcome comments on these or additional alternatives.

Environmental Impact Analysis

Proposed New Construction

    Analysis in the EIS will address the proposed activities associated 
with the construction and operation of the proposed new rail line and 
their potential environmental impacts, as appropriate.

Impact Categories

    The EIS will address potential impacts from the proposed 
construction and operation of the new rail line on the human and 
natural environment. Impact areas addressed will include the effects of 
the proposal on transportation and traffic safety, public health and 
worker health and safety, water resources, biological resources, air 
quality, geology and soils (including any karst features), land use, 
environmental justice, noise, vibration, recreation and visual 
resources, cultural resources and socioeconomics. The EIS will include 
a discussion of each of these categories as they currently exist in the 
project area and will address the potential impacts from the proposed 
project on each category, as described below:
1. Transportation and Traffic Safety
    The EIS will:
    a. Describe the potential impacts of the proposed new rail line 
construction and operation on the existing transportation network in 
the project area, including vehicular delays at grade crossings.
    b. Describe the potential for train derailments or accidents from 
proposed rail operations.
    c. Describe potential pipeline safety issues at rail/pipeline 
crossings, as appropriate.
    d. Propose mitigative measures to minimize or eliminate potential 
project impacts to transportation and traffic safety, as appropriate.
2. Public Health and Worker Health and Safety
    The EIS will:
    a. Describe potential public health impacts from the proposed new 
rail line construction and operation.
    b. Describe potential impacts to worker health and safety from the 
proposed new rail line construction and operation.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts to public health and worker health and safety, as 
appropriate.
3. Water Resources
    The EIS will:
    a. Describe the existing groundwater resources within the project 
area, such

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as aquifers and springs, and the potential impacts on these resources 
resulting from construction and operation of the proposed new rail 
line.
    b. Describe the existing surface water resources within the project 
area, including watersheds, streams, rivers, and creeks, and the 
potential impacts on these resources resulting from construction and 
operation of the proposed new rail line.
    c. Describe existing wetlands in the project area and the potential 
impacts on these resources resulting from construction and operation of 
the proposed new rail line.
    d. Describe the permitting requirements that are appropriate for 
the proposed new rail line construction and operation regarding 
wetlands, stream and river crossings (including floodplains), water 
quality, and erosion control.
    e. Propose mitigative measures to minimize or eliminate potential 
project impacts to water resources, as appropriate.
4. Biological Resources
    The EIS will:
    a. Describe the existing biological resources within the project 
area, including vegetative communities, wildlife and fisheries, and 
Federal and state threatened or endangered species and the potential 
impacts to these resources resulting from the proposed new rail line 
construction and operation.
    b. Propose mitigative measures to minimize or eliminate potential 
project impacts to biological resources, as appropriate.
5. Air Quality Impacts
    The EIS will:
    a. Describe the potential air quality impacts resulting from the 
proposed new rail line construction and operation.
    b. Propose mitigative measures to minimize or eliminate potential 
project impacts to air quality, as appropriate.
6. Geology and Soils
    The EIS will:
    a. Describe the native soils and geology of the proposed project 
area.
    b. Describe the existing karst features of the project area, if 
any, and the potential impacts to karst features from the proposed new 
rail line construction and operation.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts on soils and geology and to karst features, as 
appropriate.
7. Land Use
    The EIS will:
    a. Describe existing land use patterns within the project area and 
identify those land uses that would be potentially impacted by the 
proposed new rail line construction and operation.
    b. Describe the potential impacts associated with the proposed new 
rail line construction and operation to land uses identified within the 
project area.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts to land use, as appropriate.
8. Environmental Justice
    The EIS will:
    a. Describe the demographics of the communities potentially 
impacted by the construction and operation of the proposed new rail 
line.
    b. Evaluate whether new rail line construction or operation would 
have a disproportionately high adverse impact on any minority or low-
income group.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts on environmental justice communities of concern, as 
appropriate.
9. Noise
    The EIS will:
    a. Describe the existing noise environment of the project area and 
potential noise impacts from the proposed new rail line construction 
and operation.
    b. Propose mitigative measures to minimize or eliminate potential 
project impacts to noise receptors, as appropriate.
10. Vibration
    The EIS will:
    a. Describe the potential vibration impacts from the proposed new 
rail line construction and operation.
    b. Propose mitigative measures to minimize or eliminate potential 
project impacts from vibration, as appropriate.
11. Recreation and Visual Resources
    The EIS will:
    a. Describe existing recreation and visual resources in the 
proposed project area and potential impacts to recreation and visual 
resources from construction and operation of the proposed new rail 
line.
    b. Propose mitigative measures to minimize or eliminate potential 
project impacts to recreation and visual resources, as appropriate.
12. Cultural Resources
    The EIS will:
    a. Describe the cultural resources environment in the area of the 
proposed project and potential impacts to cultural resources from the 
proposed new rail line construction and operation.
    b. Describe the ongoing NHPA section 106 process for the proposed 
project, and propose mitigative measures to minimize or eliminate 
potential project impacts to cultural resources, as appropriate.
13. Socioeconomics
    The EIS will:
    a. Describe the demographic characteristics of the project area and 
the current sources of income.
    b. Describe the potential environmental impacts to employment and 
the local economy as a result of the proposed new rail line 
construction and operation.
    c. Propose mitigative measures to minimize or eliminate potential 
project adverse impacts to socioeconomic resources, as appropriate.
14. Cumulative and Indirect Impacts
    The EIS will:
    a. Address any identified potential cumulative impacts of the 
proposed new rail line construction and operation, as appropriate. 
Cumulative impacts are the impacts on the environment which result from 
the incremental impact of the action when added to other past, present, 
and reasonably foreseeable future actions regardless of what agency 
(Federal or non-Federal) or person undertakes such actions (for 
example, Vulcan Construction Materials, LP's proposed new quarry).
    b. Address any identified potential indirect impacts of the 
proposed new rail line construction and operation, as appropriate. 
Indirect impacts are impacts that are caused by the action and are 
later in time or farther removed in distance, but are still reasonably 
foreseeable.

    Decided: January 22, 2004.

    By the Board, Victoria Rutson, Chief, Section of Environmental 
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 04-1794 Filed 1-27-04; 8:45 am]
BILLING CODE 4915-00-P