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Dakota, Minnesota and Eastern Railroad Corporation Construction Into the Powder River Basin

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 [Federal Register: January 12, 2000 (Volume 65, Number 8)]
[Notices]
[Page 1946-1947]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja00-120]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[Finance Docket No. 33407]


Dakota, Minnesota and Eastern Railroad Corporation Construction
Into the Powder River Basin

AGENCY: Surface Transportation Board, DOT.

[[Page 1947]]

ACTION: Amended notice of intent to prepare an environmental impact
statement (EIS); addition of U.S. Coast Guard and U.S. Department of
the Interior Bureau of Reclamation as cooperating agencies.

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SUMMARY: On February 20, 1998, the Dakota, Minnesota and 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 approximately 280.9
miles of new rail line construction. Additionally, DM&E proposes to
rebuild approximately 597.8 miles of existing rail line along its
current system to standards acceptable for operation of unit coal
trains. The project would require actions by a number of Federal
agencies, including the Board, the U.S. Department of Agriculture
Forest Service (USFS), the U.S. Department of Interior Bureau of Land
Management (BLM), and the U.S. Army Corps of Engineers (COE), who
previously agreed to be cooperating agencies for the EIS. As part of
its plans to rebuild its rail line through Pierre, South Dakota, DM&E
proposes to rebuild its existing bridge or construct a new bridge over
the Missouri River to permit the operation of unit coal trains. The
U.S. Coast Guard (USCG) has responsibility and authority to issue
bridge permits under the provisions of Section 9 of the Rivers and
Harbors Act of 1899, and under the General Bridge Act of 1946.
Therefore, in order for DM&E to rebuild or construct a new bridge over
navigable waters, it must apply for a permit from the USCG, which in
turn would require an environmental review of DM&E's action pursuant to
NEPA. The U.S.D.I. Bureau of Reclamation (USBR) is the agency
responsible for operation and administration of the Angostura Reservoir
and associated irrigation canals and ditches. The USBR works closely
with the local irrigation district for repayment of project costs based
on water delivered and acres of irrigated land. If this project crosses
lands, irrigation ditches or canals under the jurisdiction of the USBR,
a permit for such crossings will be required from the USBR prior to
construction. Depending on the alternative approved for construction,
the USBR may be required to issue a permit, which would normally
require environmental review. Consequently, USCG and USBR have agreed
to be cooperating agencies for the EIS. The purpose of this Amended
Notice of Intent is to notify persons and agencies interested in or
affected by the proposed project of additional USCG and USBR decisions
triggered by the project.

SUPPLEMENTARY INFORMATION:

Environmental Review Process

    The Board has determined that an Environmental Impact Statement
(EIS) must be prepared in accordance with the provisions of the
National Environmental Policy Act (NEPA) prior to its decisions on the
proposed project.
    The Board is the lead agency, pursuant to 40 CFR 1501.5(c),
supervising the preparation of the EIS. The USFS, BLM, COE, USCG, and
USBR are cooperating agencies, pursuant to 40 CFR 1501.6, and shall
adopt the EIS and base their respective decisions on it. The NEPA
process is intended to assist the Board, its cooperating agencies, and
the public in identifying and assessing the potential environmental
consequences of a proposed action before a decision on the proposed
action is made. The Board's Section of Environmental Analysis (SEA) is
responsible for ensuring that the Board complies with the NEPA, 42
U.S.C. 4321-4335, and related environmental statutes. The EIS should
include all of the information necessary for decisions by the Board and
the cooperating agencies.
    SEA and the cooperating agencies are preparing a Draft EIS (DEIS)
for the proposed project. The DEIS will address those environmental
issues and concerns identified during the scoping process and detailed
in the scope of study. It will also contain a reasonable range of
alternatives to the proposed action and recommended environmental
mitigation measures. The DEIS will be made available upon its
completion for public review and comment. A Final EIS (FEIS) will then
be prepared reflecting SEA's further analysis and the comments on the
DEIS. In reaching each decision in this case, the agencies will take
into account the DEIS, the FEIS, and all public and agency comments
received.

FOR FURTHER INFORMATION CONTACT:
Victoria Rutson, Project Manager, Surface Transportation Board, Powder
River Basin Expansion Project, 1-877-404-3044;
U.S.D.A. Forest Service, Wendy Schmitzer, (307) 358-4690;
U.S.D.I. Bureau of Land Management, Bill Carson, (307) 746-4453;
U.S. Army Corps of Engineers, Jerry Folkers, (402) 221-4173;
U.S. Coast Guard, Roger Wiebusch, (314) 539-3900, ext. 378;
U.S.D.I. Bureau of Reclamation, Dennis Breitzman, (701) 250-4242, ext.
3101.

    By the Board, Elaine K. Kaiser, Chief, Section of Environmental
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 00-739 Filed 1-12-00; 8:45 am]
BILLING CODE 4915-00-P

 
 

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