The Elk River Railroad, Inc.ExemptionConstruction and Operation of a Line of Railroad in Clay and Kanawha Counties, WV

INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 31989]

The Elk River Railroad, Inc.--Exemption--Construction and

Operation of a Line of Railroad in Clay and Kanawha Counties, WV

AGENCY: Interstate Commerce Commission.

ACTION: Notice of final scope of study for environmental impact

statement.

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SUMMARY: This notice announces the final scope of study prepared in

response to written comments, as well as oral comments given at public

meetings, for the environmental impact statement to be prepared for the

above proceeding. Written comments on the final scope are requested.

DATES: Written comments on the final scope of work are due August 29,

1994.

ADDRESSES: Victoria J. Dettmar, Interstate Commerce Commission, Section

of Environmental Analysis, Room 3221, 12th and Constitution Avenue NW.,

Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Michael Dalton (202) 927-6202 or

Victoria Dettmar (202) 927-6211.

SUPPLEMENTARY INFORMATION: The Elk River Railroad (TERRI) has filed a

petition for exemption with the Commission seeking authority to

construct and operate a 30 mile line from Hartland to Falling Rock,

West Virginia. The proposed line would connect TERRI's existing line

with a Consolidated Rail Corporation (Conrail) line near Blue Creek,

West Virginia, thus allowing TERRI to interchange traffic with either

CSXT or Conrail.

We believe that if the Commission approves the construction and

operation, this action would constitute a major Federal action having

the potential to significantly affect the quality of the human

environment. Therefore, we will prepare an environmental impact

statement (EIS). A notice of intent to prepare an EIS and to hold

public scoping meetings for this proceeding was published on May 6,

1994. The notice requested comments in writing or orally at public

scoping meetings that were held in Clendenin, West Virginia and Clay,

West Virginia on May 31 and June 1, 1994, respectively. Over 100

parties provided comments and/or attended the scoping meetings. In

accordance with the Commission's environmental rules at 49 CFR 1105,

the final scope of study is summarized below.

SUMMARY OF THE SCOPE OF STUDY: Construction and operation activities

may significantly affect the environment in the project area. Based on

the comments and our initial evaluation, the proposed construction and

operation may result in a number of environmental impacts. These

impacts may include:

Land Use Impacts

Socioeconomic Impacts from Physical Environmental Changes

Impacts to Water Resources

Impacts to Wildlife

Transportation and Safety Impacts

Energy Impacts

Air Quality Impacts Noise Impacts

Impacts to Historic and Cultural Resources

Impacts to Recreational Resources.

Copies of the complete scope of study have been served on all the

parties to this proceeding. A copy of the scoping document may be

obtained by contacting Michael Dalton at (202) 927-6202 or Victoria

Dettmar at (202) 927-6211.

A notice of availability of the draft EIS will be announced in the

Federal Register and served on parties to the proceeding.

By the Commission, Elaine K. Kaiser, Chief, Section of

Environmental Analysis.

Vernon A. Williams,

Acting Secretary.

Scope of Environmental Impact Statement

Executive Summary

Description of Proposed Action and Alternatives

1. Summary of the existing rail line

2. Description of the proposed action

3. Description of alternatives

a. Proposed route

b. No action (denial of the proposal)

Description of Existing Environment

Specific description including existing land use, transportation,

physiography and soil, water resources, biological resources, air

quality, noise, socioeconomic setting, historic and cultural resources,

and recreational resources in the project area.

Environmental Analysis of Proposed Action and Alternatives

A. Land Use Impacts

1. Present and future access to properties located along the right-of-

way.

2. Assessment of impacts to other land use, including encroachments on

the right-of-way:

a. playground located on the right-of-way.

b. parking lots located on the right-of-way.

c. sheds and other structures located on the right-of-way.

3. Assessment of the need for noxious weed control and use of

herbicides.

4. Assessment of the project's effect on designed flood zones or

floodplains.

B. Transportation and Safety Impacts

1. Effect of train operations on Clendenin and other communities.

2. Potential delays experienced by general vehicles, school buses, and

emergency calls at rail/road crossings.

3. Evaluation of the need for warning signals or gates at grade

crossings.

4. Access across rail line for emergency vehicles.

5. Degradation of area road systems.

6. Evaluation of the impact of rail service on transportation safety,

including the occurrence of accidents and release of hazardous

materials.

7. Potential for derailments and clean-up plans and procedures.

8. Concerns regarding children attempting to jump on trains passing

through towns.

C. Energy Impacts

1. Assessment of impacts on transportation of any energy resources.

2. Anticipated impacts on any recyclable commodities.

3. Impact on overall energy consumption and efficiency that would

result from increased use of trains.

D. Water Resource Impacts

1. Possible water quality impacts from erosion and sedimentation that

would be associated with bridge building, other construction

activities, and rail operations.

2. Analysis of the disturbance of soil and vegetation in water bodies,

floodplains, and/or wetlands that could result during bridge building,

other construction activities, and rail operations.

3. Possible water quality degradation that could result from industrial

development.

4. Water quality degradation that could result from accidental releases

of hazardous materials in rail transportation.

5. Water quality degradation that could result if herbicides used to

control vegetation wash into the Elk River.

6. Impacts from contaminated soil resulting from leaks, derailments,

and fueling that may occur along the right-of-way.

E. Impacts on Biological Resources

1. Assessment of the impact of construction and operation activities on

any threatened and endangered species in the vicinity of the right-of-

way.

2. Assessment of the impact of construction and operation activities on

wildlife from conversion of habitat within the right-of-way to rail

use.

3. Discussion of concerns regarding disturbance of vegetation in

adjacent wetlands and floodplains during bridge building, other

construction activities, and rail operations.

4. Evaluation of the impact of erosion and sedimentation during bridge

building, other construction activities, and rail operations on aquatic

wildlife and habitat.

F. Air Quality Impacts

1. Emissions from construction

a. fugitive dust from wind erosion of surfaces stripped of

vegetation calculated under EPA's PM-10 regulations.

b. dust from scraper and dozer operations calculated under EPA's

PM-10 regulations.

c. emissions from combustion of diesel fuel by heavy equipment.

2. Air pollutants during operation

a. combustion of diesel fuel by trains.

b. coal dust from trains.

c. calculation of emission rates for significant pollutants.

G. Noise Impacts

1. Construction-related noise due to use of heavy machinery.

2. Long-term noise impacts associated with operation of rail line

a. calculation of Leq measurements of Ldn contours for rural

communities and areas along the line.

b. assessment of impact to sensitive receptors (e.g. schools,

churches).

H. Impacts on Socioeconomics

1. Evaluation of social and economic impacts resulting from changes in

the physical environment due to construction and operation of the

proposed line.

I. Impacts on Historic and Cultural Resources

1. Impacts to structures (buildings and bridges) that may be eligible

for listing on the National Register of Historic Places.

2. Impacts to archaeological resources.

J. Impacts on Recreational Resources

1. Effects of construction and operation on wildlife and other

recreational resources, including the Elk River.

2. Effects of construction and operation on opportunities for hunting,

fishing, and bird watching.

Proposed Mitigation

1. Necessary and appropriate mitigation.

[FR Doc. 94-18768 Filed 8-1-94; 8:45 am]

BILLING CODE 7035-01-P