Correspondence Information

  Docket #:FD 34836 0
  Name of Sender:Ren Willis-FrancesDate Received:07/09/2009
  Group:ADEQ - Waste Programs DivisionDate of Letter:

Submitter's Comments
Dear Surface Transportation Board,

This is in regards to your June 15, 2009 decision to grant a petition for exemption to the Arizona Eastern Railway, Inc. to construct a 12.1 mile rail line in Graham County, Arizona. (Docket Number: FD_34836_0, Case Title: ARIZONA EASTERN RAILWAY, INC.—CONSTRUCTION EXEMPTION—IN GRAHAM COUNTY, AZ.)

The ADEQ Waste Programs Division (WPD) notes that the adopted Environmental Mitigation Conditions include the following:

“32. In the event that construction activities encroach upon abandoned fire/trash pits, abandoned septic tanks, abandoned wells, and areas where spent ammunition from the firing range is found at or near the top of the ground surface, AZER shall provide appropriate corrective action. Corrective actions for these matters shall include abandoning wells in accordance with Arizona Department of Water Resources guidance, removal and landfilling of trash from trash pits (and backfilling as appropriate), and abandoning septic systems in accordance with county or other applicable regulations.”

Provisions for addressing spent ammunition from the firing range are absent. It is hard to determine the possible impact. Because Corrective Action on how to deal with UXO is not discussed, the WPD cannot determine if they are adequate. Please address how AZER would handle the discovery of UXOs


Ren Willis-Frances, Executive Consultant
ADEQ Waste Programs Division