|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CSX TRANSPORTATION INC.--ABANDONMENT EXEMPTION--IN FAYETTE AND NICHOLAS COUNTIES, WV|
|Chief Of Section Of Environmental Analysis|
|Approximate download time at 28.8 kb: 11 Seconds|
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|Full Text of Decision|
NO. AB-55 (SUB-NO. 538X)
IN FAYETTE AND NICHOLAS COUNTIES, WV
In this proceeding, CSX Transportation Inc. (CSX) has filed
a notice of exemption under 49 CFR 1152.50 seeking exemption from
the requirements of 49 U.S.C. 10903 in connection with the
abandonment of its railroad line located between Milepost CAF-43.7 at Russ Station and CAF-58.97 at Peters Junction, a distance
of 15.27 miles in Fayette and Nicholas Counties, West Virginia.
A map depicting the rail line in relationship to the area served
is appended to the report. If the notice becomes effective, the
railroad will be able to salvage track, ties and other railroad
appurtenances and to dispose of the right-of-way. During the
past years, this line segment has been used for the overhead
transportation of coal, however, the line segment proposed for
abandonment has been out of service since July 1996.
The railroad has submitted an environmental report that
concludes the quality of the human environment will not be
affected significantly as a result of the abandonment or any
post-abandonment activities, including salvage and disposition of
the right-of-way. The railroad has served the environmental
report on a number of appropriate Federal, state, and local
agencies as required by the Board's environmental rules at 49 CFR
1105.7(b). We have investigated the record in this proceeding.
Also, we have contacted appropriate agencies and individuals to
verify the railroad's report and to obtain additional information
and comments regarding the potential environmental effects of the
proposed abandonment. Contacts have included U.S. Fish and
Wildlife Service; U.S. Army Corps of Engineers; the West Virginia
Division of Environmental Protection; the West Virginia Division
of Culture & History; Planning Commissions of Nicholas and
The West Virginia State Historic Preservation Officer has
not completed its evaluation of the structures located on the
line. Therefore, we recommended imposition of the following
condition: CSX Transportation Inc. shall retain its interest in
and take no steps to alter the historic integrity of all sites
and structures on the line that are 50 years old or older until
completion of the Section 106 process of the National Historic
Preservation Act, 16 U.S.C. 470f.
Based on the information provided from all sources to date
and subject to the recommended condition, we conclude that, as
currently proposed, abandonment of the line will not
significantly affect the quality of the human environment.
Therefore, the environmental impact statement process is
Alternatives to the proposed abandonment would include
denial (and, therefore, no change in operations), discontinuance
of service without abandonment and continued operation by another
operator. In any of these cases, the existing quality of the
human environment and energy consumption should not be affected.
If abandonment and salvage of the rail line does take place,
the right-of-way may be suitable for other public use. A request
containing the requisite four-part showing for imposition of a
public use condition (49 CFR 1152.28) must be filed with the
Board and served on the railroad within the time specified in the
Federal Register notice.
A request for a notice of interim trail use (NITU) is due to
the Board, with a copy to the railroad, within 10 days of
publication of the notice of exemption in the Federal Register.
However, the Board will accept late-filed requests as long as it
retains jurisdiction to do so. This request must comply with the
Board's rules for use of rights-of-way as trails (49 CFR
The Board's Office of Public Assistance (OPA) responds to questions regarding interim trail use, public use, and other reuse alternatives. You may contact OPA directly at (202) 927-6184, or mail inquiries to Surface Transportation Board, Office of Public Assistance, Room 4412, Washington, DC 20423.
If you wish to file comments regarding this environmental
assessment, send an original and one copy to Vernon A. Williams,
Office of the Secretary, Room 2221, Washington, DC 20423, to the
attention of Victoria Rutson, who prepared this environmental
assessment. Please refer to Docket No. AB-55 (Sub-No. 538X) in
all correspondence addressed to the Board. If you have questions
regarding this environmental assessment, you should contact Ms.
Rutson at (202) 927-6211.
Date made available to the public: January 27, 1997.
Comment due date: February 7, 1997.
By the Board, Elaine K. Kaiser, Chief, Section of
Vernon A. Williams