02-08-2019February 8, 2019
Cynthia Brown
Chief, Section of Administration
Surface Transportation Board
Office of Proceedings
395 East Street, SW
Washington D.C. 20423- 0001
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997
Telephone (406) 758-7700 Fax - (406) 758-7758
247087
ENTERED
Office of Proceedings
February 8, 2019
Part of
Public Record
Re: BNSF Abandonment in City of Kalispell, Flathead County, Montana, Docket No. AB 6
(Sub -No. 49SX)
Request for extension of interim trails use negotiation period
Dear Ms. Brown:
The City of Kalispell, Montana currently holds an Interim Trail Use Permit Issued by the Surface
Transportation Board and identified in the subject line of this correspondence. This permit is for that
portion of Burlington Northern Santa Fe rail line that runs through the City from Milepost 1225.19 to
Milepost 1226.79. The City requests an extension of the NITU of one year to February 10, 2020, to allow
ample time for the completion of the rail banking and sale contract currently under discussion between
the City and BNSF. The City of Kalispell understands that BNSF and CHS, Inc. do not object to this
extension.
Since the issuance and first extension of the permit, the matters to be addressed by the City and BNSF
have progressed well. The City has conducted its due diligence of environmental assessment prior to
acquisition. The parties are negotiating the terms of the acquisition.
The City further requests a waiver of the Board's filing fees in accordance with 49 CFR 1002(e)(1) as the
sideration.
Office of
Proceedings
DECISION ID NO.: __q� 9 31
DECIDED DATE: 2 2-t.14-05�
SERVICE DATE: 2.Z- 20
APPROVED:,
�C1r*q Director
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Submitted,
tharine King V
►istant Director
unity Development Department
Mark Lalum, CHS, Inc.
City of Kalispell
ALISPLLL'
Post Office Box 1997 - Kalispell, Montana 59903-1997
Telephone (406) 758-7700 Fax - (406) 758-7758
February 8, 2019
To Whom It May Concern:
Per the Board's request, the City of Kalispell is hereby filing certificate of service in connection with the
City's request for extension of time, a -filed by the City on Friday, February 8, 2019. The request Is to
extend the Notice of Interim Trail Use to February 10, 2020, to allow the City and BNSF to complete
negotiations for the transfer of ownership of the existing BNSF rail line per Surface Transportation Board
Docket No. AB6 {Sub -No. 495Xj.
By my signature below, I hereby certify that a copy of the City of Kalispell's Request for Extension of
Time was served on all parties of record by electronic and U.S. Mail, postage pre -paid, first class on
February 8, 2019, as follows:
Karl Morell
Counsel for BNSF
655 15t' Street NW, Suite 225
Washington, D.C. 20005
karlm@karlmorell.com
Mark D. Lalum,
CHS Inc.
P.O. Box 579
1501st Avenue WN
Kalispell, MT 59903
mark.lalum chsinc.com
Submitted,
?otharine ?Ung
Assistant Director
Community Development
City of Kalispell
406.758.7713