Dakota, Minnesota & Eastern Railroad CorporationConstruction 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

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

[[Page 31830]]

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

[[Page 31831]]

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.

[[Page 31832]]

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]

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