# 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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A98-15441

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** June 10, 1998
- **Citation:** 63 FR 31829

## Text

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]
BILLING CODE 4915-00-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-15441. Public record. Not legal advice.