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03-08-2017Karl Morell & Associates 6551511' Street, NW, Suite 225 Washington, DC 20005 (202)595-9045 karlmskarlmorell.com March 8, 2017 E-FILED Ms. Victoria Rutson, Esq. Environmental Analysis Chief Surface Transportation Board 395 E Street, SW, Room 1106 Washington, DC 20423 242758 ENTERED Office of Proceedings March 8, 2017 Part of Public Record Re: STB Docket No. AB 6 (Sub -No. 495X), BNSF Railway Company -- Abandonment Exemption -- In Flathead County, Montana Dear Ms. Rutson: Attached for filing is a copy of BNSF Railway Company's ("BNSF") Environmental and Historic Reports prepared pursuant to 49 C.F.R. §§1105.7 and 1105.8. BNSF anticipates filing a Petition for Abandonment seeking authority to abandon the 2.7-mile rail line on or after March 29, 2017. Sincerely, /�a Karl Morell BEFORE THE SURFACE TRANSPORTATION BOARD BNSF RAILWAY COMPANY ABANDONMENT EXEMPTION IN FLATHEAD COUNTY, MONTANA DOCKET NO. AB 6 ENVIRONMENTAL AND HISTORIC REPORTS BNSF RAILWAY COMPANY 2650 Lou Menk Drive P.O. Box 96157 Fort Worth, TX 76161-0057 James M. Mecone Assistant General Attorney BNSF Railway Company 2500 Lou Menk Drive, AOB-3 Fort Worth, Texas 76131-2828 Service Date: March 8, 2017 (SUB -NO. 495X) Karl Morell Karl Morell & Associates Suite 225 655 Fifteenth Street, N.W. Washington, D.C. 20005 (202) 595-9045 ENVIRONMENTAL REPORT (49 C.F.R. § 1105.7) (1) Proposed Action and Alternatives. Describe the proposed action, including commodities transported, the planned disposition (if any) of any rail line and other structures that may be involved, and any possible changes in current operations or maintenance practices. Also describe any reasonable alternatives to the proposed action. Include a readable, detailed map and drawings clearly delineating the project. BNSF Railway Company (" BNSF") proposes to abandon approximately 2.7 miles of rail line from Milepost 1225.19 to the south end of the line at Milepost 1227.58 and to the west end of the line at Engineering Station 189+36 (Milepost 1227.10) in Kalispell, Flathead County, Montana (the "Line"). A map of the project area is attached as Exhibit A. BNSF's salvage process as it relates to this project is as follows: The proposed abandonment will include the removal of track materials such as rails, ties, and four (4) bridges. The railroad right-of-way, ballast and culverts will remain in place. If any portion of the Line is railbanked, the bridges on any railbanked segment of the Line will not be removed. The salvage process begins with the unbolting of the track materials or rails. With the use of specialized machinery placed on the railroad right-of-way, the rails and related steel (angle bars, tie plates, spikes, switches and any other metal parts) are removed. Next the wooden ties are raised from the ballast with a tool designed for minimum disruption of ground material. The ties are separated into three groups as follows: (1) good quality ties that will be re -used in rail service, (2) landscape -quality ties that will be sold to lumber dealers for landscaping and (3) scrap ties. Scrap ties are loaded into railcars and shipped 2 STB Docket AB 6 (Sub. No.495X) by BNSF to an EPA -approved disposal site. The culverts, ballast and right-of-way will remain intact so as not to alter the prevailing waterflows along the line. In addition, BNSF salvage contractors are required to limit their activities to the width of the right-of-way and not to place fills or other material in water bodies, including inland waterways. When the salvage process is complete, waterflows in the area should not be disrupted. Finally, road crossings are removed and remediated, then repaved with gravel, asphalt or concrete, as required by governing authority. Any signals are also dismantled and removed. BNSF salvage work for abandonments is always performed by experienced rail material salvagers and is generally bid on the open market. Each salvage contract includes detailed information on any environmental or historical conditions recommended by the Office of Environmental Analysis ("OEA") and imposed by the Surface Transportation Board ("STB") in the final decision. Completed work is independently inspected by a BNSF roadmaster (or equal representative) to ensure compliance with BNSF standards of quality and all contractual obligations, including STB-imposed conditions, if applicable. The two customers on the Line, Northwest Drywall and CHS Inc., do not oppose the abandonment of this Line and will be relocating to Glacier Rail Park (see Exhibit B). There is no overhead traffic on the portion of the Line included in the proposed abandonment. Therefore, the proposed abandonment will have no impact on rail freight operations and maintenance practices on the Line. 3 STB Docket AB 6 (Sub. No.495X) The only alternative to abandonment is to decline to pursue abandonment of the Line and forgo the opportunity costs from salvaging the Line. (2) Transportation System. Describe the effect of the proposed action on regional or local transportation systems and patterns. Estimate the amount of traffic (passenger or freight) that will be diverted to other transportation systems or modes as a result of the proposed action. No passenger or freight traffic will be diverted to other transportation systems as a result of the proposed abandonment. The two customers on the Line, Northwest Drywall and CHS Inc., do not oppose the abandonment of this Line and will be relocating to Glacier Rail Park (see Exhibit B). There is no overhead traffic on the subject line. (3) Land Use (i) Based on consultation with local and/or regional planning agencies and/or review of the official planning documents prepared by such agencies, state whether the proposed action is consistent with existing land use plans. Describe any inconsistencies. The proposed action should be consistent with existing land use plans. BNSF contacted Tom Jentz, Planning Director at the City of Kalispell Planning Department, who replied in a letter dated February 9, 2017, stating ""[t]he City of Kalispell has been working diligently since early 2010 to bring this proposed rail abandonment to fruition ... [W]e do find that the abandonment of the BNSF rail line through Kalispell is consistent with the City's existing land use plans and that there are no inconsistencies with this action." A copy of the letter is attached as Exhibit B. On January 31, 2017, BNSF contacted the State of Montana Public Service Commission. As of the date of this Environmental Report, State of Montana Public Service Commission has not responded to our inquiry. A copy of the letter is attached as Exhibit C. BNSF also contacted Flathead County Planning and M STB Docket AB 6 (Sub. No.495X) Zoning. Mark Mussman, CFM, Director, Flathead County Planning and Zoning, replied in a letter dated February 14, 2017, stating "[w]hile much of the current right-of-way is located within the limits of the City of Kalispell, small portions are located within the County's jurisdiction. The Flathead County Planning and Zoning Department is in support of BNSF's request as it will be consistent with the County's Growth Policy. More importantly, the abandonment of the rail tracks will enable the City of Kalispell to advance The Core Area Plan which will bring exciting opportunities not only to the City of Kalispell but to all of Flathead County." A copy of the letter is attached as Exhibit D. (ii) Based on consultation with the U.S. Soil Conservation Service, state the effect of the proposed action on any prime agriculture land. BNSF understands that the proposed abandonment will have no adverse effect on prime agriculture land. BNSF sent a letter to the Montana NRCS State Office. Jay Brooker, Resource Soil Scientist, replied in an email dated February 8, 2017, stating "[i]t does not appear that any farmland will be converted as a part of this activity and that impacts to these lands would be minimal." A copy of the email is attached as Exhibit E. (iii) If any action affects land or water uses within a designated coastal zone, include the coastal zone information required by § 1105.9. BNSF understands that the proposed abandonment is not located within a designated coastal zone. Montana does not have a state coastal zone management approved program. (iv) If the proposed action is an abandonment, state whether or not the right- of-way is suitable for alternative public use under 49 U.S. C. § 10905 and explain 5 STB Docket AB 6 (Sub. No.495X) why. The proposed abandonment may be suitable for alternative public use. BNSF contacted Tom Jentz, Planning Director at the City of Kalispell Planning Department, who replied in a letter dated February 9, 2017, stating "[t]hc City of Kalispell has been working diligently since early 2010 to bring this proposed rail abandonment to fruition... [W]e do find that the abandonment of the BNSF rail line through Kalispell is consistent with the City's existing land use plans and that there are no inconsistencies with this action." A copy of the letter is attached as Exhibit B. Mark Mussman, CFM, Director, Flathead County Planning and Zoning, replied in a letter dated February 14, 2017, stating "[t]he Flathead County Planning and Zoning Department is in support of BNSF's request as it will be consistent with the County's Growth Policy. More importantly, the abandonment of the rail tracks will enable the City of Kalispell to advance The Core Area Plan which will bring exciting opportunities not only to the City of Kalispell but to all of Flathead County." A copy of the letter is attached as Exhibit D. (4) Energy (i) Describe the effect of the proposed action on transportation of energy resources. The proposed abandonment will have no effect on the transportation of energy resources. (ii) Describe the effect of the proposed action on recyclable commodities. The proposed abandonment will have no adverse effect on the movement or recovery of recyclable commodities. STB Docket AB 6 (Sub. No.495X) (iii) State whether the proposed action will result in an increase or decrease in overall energy efficiency and explain why. The proposed action will not result in an increase or decrease in overall energy efficiency because the two existing rail users are being relocated to the new rail park, Glacier Rail Park (see Exhibit B). There is no overhead traffic on the subject line. (iv) If the proposed action will cause diversions from rail to motor carriage of more than: (A) 1,000 rail carloads a year, or (B) an average of 50 rail carloads per mile per year for any part of the affected line, quantify the resulting net change in the energy consumption and show the data and methodology used to arrive at the figure given. The proposed abandonment will not result in a diversion of rail to motor carriage. (5) Air (i) If the proposed action will result in either: (A) an increase in rail traffic of at least 100 percent (measured in gross ton miles annually) or an increase of at least eight trains a day on any segment of the line affected by the proposal, or (B) an increase in rail yard activity of at least 100 percent (measured by carload activity), or (C) an average increase in truck traffic of more than 10 percent of the average daily traffic or 50 vehicles a day on any affected road segment, quantify the anticipated effect on air emissions. The proposed action will not result in meeting or exceeding the specified thresholds for increased rail or truck traffic as outlined in (i) (A), (B) or (C) above. (ii) If the proposed action affects a class I or nonattainment area under the Clean Air Act, and will result in either: (A) an increase in rail traffic of at least 50 percent (measured in gross 7 STB Docket AB 6 (Sub. No.495X) ton miles annually) or an increase of at least three trains a day on any segment of rail line, (B) an increase in rail yard activity of at least 20 percent (measured by carload activity), or (C) an average increase in truck traffic of more than 10 percent of the average daily traffic or 50 vehicles a day on a given road segment, then state whether any expected increased emissions are within the parameters established by State Implementation Plan. However, for a rail construction under 49 U.S.C. § 10901 (or 49 U.S.C. § 10505) or a case involving the reinstitution of service over a previously abandoned line, only the three train a day threshold in this item shall apply. The proposed action will not result in meeting or exceeding the specified thresholds identified in (ii) (A), (B) or (C) above. (iii) If the transportation of ozone depleting materials (such as nitrogen oxide and Freon) is contemplated, identify: the materials and quantity, the frequency of service; safety practices (including any speed restrictions); the applicant's safety record (to the extent available) on derailments, accidents and spills; contingency plans to deal with accidental spills; and the likelihood of an accidental release of ozone depleting materials in the event of a collision or derailment. The proposed abandonment will not affect the transportation of ozone depleting materials. (6) Noise. If any of the thresholds identified in item (5) (i) of this section are surpassed, state whether the proposed action will cause: (i) an incremental increase in noise levels of three decibels Ldn or more, or (ii) an increase to a noise level of 65 decibels Ldn or greater. If so, identify sensitive receptors (e.g. schools, libraries, hospitals, residences, retirement communities and nursing homes) in the project area and quantify the noise increase for these receptors if the thresholds are surpassed. Not applicable. (7) Safe (i) Describe any effects of the proposed action on public health and safety n- STB Docket AB 6 (Sub. No.495X) (including vehicle delay time at railroad crossings). BNSF expects that this abandonment will have no adverse effect on health or public safety. There are seven (7) private at -grade crossings, six (6) public at -grade crossings, and four (4) bridges on the Line. (ii) If hazardous materials are expected to be transported, identify: the materials and quantity; the frequency of service; whether chemicals are being transported that, if mixed, could react to form more hazardous compounds; safety practices (including any speed restrictions); the applicant's safety record (to the extent available) on derailments, accidents and hazardous spills; the contingency plans to deal with accidental spills, and the likelihood of an accidental release of hazardous materials. The abandonment will not result in the transportation of hazardous materials. (iii) If there are any known hazardous waste sites or sites where there have been known hazardous material spills on the right-of-way, identify the location of those sites and the types of hazardous materials involved. There are no known hazardous waste sites or sites where there have been known hazardous material spills on the right-of-way. (8) Biological Resources (i) Based on consultation with the U.S. Fish and Wildlife Service, state whether the proposed action is likely to adversely affect endangered or threatened species or areas designated as a critical habitat, and if so, describe the effects. BNSF expects that the proposed abandonment will have no adverse effect on endangered or threatened species or areas designated as a critical habitat. BNSF contacted the U.S. Fish and Wildlife Service Region 6, Mountain -Prairie Region Office ("USFWS"), in reference to this proposed abandonment. On February 8, 2017, David Allen, J.D., Realty Specialist, National Wildlife Refuge System, USFWS, responded to our letter with an email stating, "[o]ur staff reviewed the proposal and determined that there are no endangered or threatened species that 9 STB Docket AB 6 (Sub. No.495X) will be affected by the project, no critical habitat adjacent or near the line, and no National wildlife Refuges or other lands managed by Fish and Wildlife Service adjacent or near the line." On March 7, 2017, Ben Conard, U.S. Fish and Wildlife Service — Montana Ecological Services Office, responded to our letter with an email stating, "[t]he USFWS Montana Ecological Services Office has no concerns about threatened, endangered, or candidate species; there should be no effects." A copy of USFWS responses are attached as Exhibit F. (ii) State whether wildlife sanctuaries or refuges, National or State parks or forests will be affected, and describe any effects. BNSF expects that no wildlife sanctuaries or refuges, National or State parks or forests will be adversely affected by the proposed abandonment. On January 31, 2017, BNSF contacted the U.S. Department of the Interior, Bureau of Land Management Montana -Dakotas State Office ("BLM"). On February 13, 2017, Chris Boone, State Biologist, responded to our letter with an email stating, "BLM has no lands in those locations." A copy of BLM response is attached as Exhibit G. On January 31, 2017, BNSF contacted the National Park Service, Intermountain Region ("National Park Service"). As of the date of this Environmental Report, the National Park Service has not replied to BNSF's inquiry. A copy of the letter is attached as Exhibit H. (9) Water (i) Based on consultation with State water quality officials, state whether the proposed action is consistent with applicable Federal, State or local water quality standards. Describe any inconsistencies. On January 31, 2017, BNSF sent a letter to the Montana Department of 10 STB Docket AB 6 (Sub. No.495X) Environmental Quality. As of the date of this Environmental Report, the agency has not replied to BNSF's inquiry. A copy of the letter is attached as Exhibit I. BNSF also contacted the U.S. EPA Region 8 regarding the proposed abandonment. As of the date of this Environmental Report, the agency has not replied to BNSF's inquiry. A copy of the letter is attached as Exhibit I (ii) Based on consultation with the U.S. Army Corps of Engineers, state whetherpermits under Section 404 of the Clean WaterAct (33 U.S.C. § 1344) are required for the proposed action and whether any designated wetlands or 100- year flood plains will be affected Describe the effects. BNSF understands that no designated wetlands or 100-year flood plains will be adversely affected by the proposed abandonment. BNSF contacted the U.S. Army Corps of Engineers Omaha District in reference to the proposed abandonment. On February 6, 2017, Dylan Hickey, Regulatory Project Manager responded to our letter, stating "it appears that the proposed work will not result in the discharge of dredged or fill material within waters of the United States and does not involve work in, over or under navigable waters of the United States. Therefore, a DA permit is not required for this work.". A copy of the letter is attached as Exhibit K. (iii) State whether permits under Section 402 of the Clean Water Act (33 U.S.C. § 1342) are required for the proposed action. (Applicants should contact the U.S. Environmental Protection Agency or the state environmental protection or equivalent agency if they are unsure whether such permits are required). On January 31, 2017, BNSF sent a letter to the Montana Department of Environmental Quality. As of the date of this Environmental Report, the agency has not replied to BNSF's inquiry. A copy of the letter is attached as Exhibit I. 11 STB Docket AB 6 (Sub. No.495X) BNSF also contacted the U.S. EPA Region 8 regarding the proposed abandonment. As of the date of this Environmental Report, the agency has not replied to BNSF's inquiry. A copy of the letter is attached as Exhibit J. (10) Proposed Mitigation. Descrihe any actions that are proposed to mitigate adverse environmental impacts, indicating why the proposed mitigation is appropriate. BNSF expects that no adverse environmental impact will result from the proposed abandonment and, therefore, is aware of no need for any mitigating actions. BNSF will, of course, consult (as required) with any recipients of this Environmental Report regarding appropriate mitigation actions and will comply with those mitigation actions required by the Board. 12 STB Docket AB 6 (Sub. No.495X) HISTORIC REPORT (49 C.F.R. $ 1105.8) Proposed Action and Alternatives. Describe the proposed action, including commodities transported, the planned disposition (if any) of any rail line and other structures that may be involved, and any possible changes in current operations or maintenance practices. Also describe any reasonable alternatives to the proposed action. Include a readable, detailed map and drawings clearly delineating the project. BNSF Railway Company ("BNSF") proposes to abandon approximately 2.7 miles of rail line from Milepost 1225.19 to the south end of the line at Milepost 1227.58 and to the west end of the line at Engineering Station 189+36 (Milepost 1227.10) in Kalispell, Flathead County, Montana (the "Line"). A leap of the project area is attached as Exhibit A. BNSF's salvage process as it relates to this project is as follows: The proposed abandonment will include the removal of track materials such as rails, ties, and four (4) bridges. The railroad right-of-way, ballast and culverts will remain in place. If any portion of the Line is railbanked, the bridges on any railbanked segment of the Line will not be removed. The salvage process begins with the unbolting of the track materials or rails. With the use of specialized machinery placed on the railroad right-of-way, the rails and related steel (angle bars, tie plates, spikes, switches and any other metal parts) are removed. Next the wooden ties are raised from the ballast with a tool designed for minimum disruption of ground material. The ties are separated into three groups as follows: (1) good quality ties that will be re -used in rail service, (2) landscape -quality ties that will be sold to lumber dealers for landscaping and (3) scrap ties. Scrap ties are loaded into rail cars and shipped 13 STB Docket AB 6 (Sub. No.495X) by BNSF to an EPA -approved disposal site. The culverts, ballast and right-of-way will remain intact so as not to alter the prevailing waterflows along the line. In addition, BNSF salvage contractors are required to limit their activities to the width of the right-of-way and not to place fills or other material in water bodies, including inland waterways. When the salvage process is complete, waterflows in the area should not be disrupted. Finally, road crossings are removed and remediated, then repaved with gravel, asphalt or concrete, as required by governing authority. Any signals are also dismantled and removed. BNSF salvage work for abandonments is always performed by experienced rail material salvagers and is generally bid on the open market. Each salvage contract includes detailed information on any environmental or historical conditions recommended by the Office of Environmental Analysis ("OEA") and imposed by the Surface Transportation Board ("STB") in the final decision. Completed work is independently inspected by a BNSF roadmaster (or equal representative) to ensure compliance with BNSF standards of quality and all contractual obligations, including STB-imposed conditions, if applicable. The two customers on the Line, Northwest Drywall and CHS Inc., do not oppose the abandonment of this Line and will be relocating to Glacier Rail Park (see Exhibit B). There is no overhead traffic on the portion of the Line proposed for abandonment. Therefore, the proposed abandonment will have no impact on rail freight operations and maintenance practices on the Line. 14 STB Docket AB 6 (Sub. No.495X) The only alternative to abandonment is to decline to pursue abandonment of the Line and forgo the opportunity costs from salvaging the Line. HISTORIC REPORT 1. A U.S.G.S. topographic map (or an alternate map drawn to scale and sufficiently detailed to show buildings and other structures in the vicinity of the proposed action) showing the location of the proposed action, and the locations and approximate dimensions of railroad structures that are 50 years old or older and are part of the proposed action. The required topographic map is attached to this Report as Exhibit A. 2. A written description of the right-of-way (including approximate widths, to the extent known), and the topography and urban and/or rural characteristics of the surrounding area The subject Line extends approximately 2.7 miles from Milepost 1225.19 to the south end of the line at Milepost 1227.58 and to the west end of the line at Engineering Station 189+36 (Milepost 1227.10) in Kalispell, Flathead County, Montana. The urban right-of-way is generally 100 feet wide, 50 feet on each side of the track. There are no federally granted rights of way involved. 3. Good quality photographs (actual photographic prints, not photocopies) of railroad structures on the property that are 50 years old or older and of the immediately surrounding area. There are four bridges on the Line. They are as follows: 1) Milepost 1225.2; steel bridge; 177' long, 20' high; built in 1936. 2) Milepost 1227.1; open deck timber pile bridge; 138' long, 21' high; built in 1945. 3) Milepost 1227.1; open deck timber pile bridge; 160' long, 21' high, built in 1928. 4) Milepost 1227.4; open deck timber pile bridge; 125' long, 22' high; built in 1948. If any portion of the Line is railbanked, the bridges on any railbanked segment of the Line will not be removed. See Exhibit L, attached photographs. 4. The date(s) of construction of the structure(s), and the date(s) and extent of any major alterations, to the extent such information is known. 15 STB Docket AB 6 (Sub. No.495X) There are four bridges on the Line. They are as follows: 1) Milepost 1225.2; steel bridge; 177' long, 20' high; built in 1936. 2) Milepost 1227.1; open deck timber pile bridge; 138' long, 21' high; built in 1945. 3) Milepost 1227.1; open deck timber pile bridge; 160' long, 21' high, built in 1928. 4) Milepost 1227.4; open deck timber pile bridge; 125' long, 22' high; built in 1948. If any portion of the Line is railbanked, the bridges on any railbanked segment of the Line will not be removed. See Exhibit L, attached photographs. 5. A brief narrative history of carrier operations in the area, and an explanation of what, if any, changes are contemplated as a result of the proposed action. Milepost 1225.19 to Milepost 1227.10 was acquired by The Saint Paul Minneapolis and Manitoba Railway Company in 1892. Milepost 1226.91 to Milepost 1227.58 was acquired by The Saint Paul Minneapolis and Manitoba Railway Company in 1900. In 1907, The Saint Paul Minneapolis and Manitoba Railway Company was sold to Great Northern Railway Company. In 1961, Great Northern Railway Company and Northern Pacific Railway Company were merged into Great Northern Pacific and Burlington Lines, Inc. In 1970, Great Northern Pacific and Burlington Lines, Inc.'s name changed to Burlington Northern Inc. In 1981, Burlington Northern Inc.'s name changed to Burlington Northern Railroad Company. Burlington Northern Railroad Company merged with The Atchison, Topeka and Santa Fe Railway Company in 1996 to become The Burlington Northern and Santa Fe Railway Company, which changed its name to BNSF Railway Company in 2005. 6. A brief summary of documents in the carrier's possession, such as engineering drawings, that might be useful in documenting a structure that is found to be historic. Documents in BNSF's possession concerning this abandonment may include alignment maps showing the right-of-way and/or station maps. These documents are too large for practical reproduction in this report, but can be furnished upon request, if they are available. 16 STB Docket AB 6 (Sub. No.495X) 7. An opinion (based on readily available information in the railroad's possession) as to whether the site and/or structures meet the criteria for listing on the National Register of Historic Places (36 CFR 60.4), and whether there is a likelihood of archeological resources or any other previously unknown historic properties in the project area, and the basis for these opinions (including any consultations with the State Historic Preservation Office, local historical societies or universities). BNSF contacted the Montana State Historic Preservation Office ("SHPO") in reference to the proposed abandonment. On February 16, 2017, Jessica Bush, M.A., Review and Compliance Officer, Deputy SHPO, responded to our letter, stating "[i]s this project an extension of the City of Kalispell, Glacier Rail Park and Core Area Trail Project? If so we are in the process of working with Larry Squires from the FTA and the City of Kalispell to complete the Section 106 process." A copy of the letter is attached as Exhibit M. The proposed abandonment is part of the City of Kalispell's Core Area Plan (see Exhibit B). 8. A description (based on readily available information in the railroad's possession) of any known prior subsurface ground disturbance or fill, environmental conditions (naturally occurring or manmade) that might affect the archeological recovery of resources (such as swampy conditions or the presence of toxic wastes), and the surrounding terrain. The Line was disturbed during original construction by cuts and fill and any archaeological resources that may have been located in the proposed project area would have been affected at that time. Our records do not indicate any environmental conditions that might affect the archaeological recovery of resources. 9. Within 30 days of receipt of the historic report, the State Historic Preservation Officer may request the following additional information regarding specific non railroad owned properties or groups of properties immediately adjacent to the railroad right-of-way: photographs of specified properties that can be readily seen from the railroad right-of- way (or other public rights -of -way adjacent to the property) and a written description of any previously discovered archeological sites, identifying the location and type of the site (i.e. prehistoric or native American). If any additional information is requested, BNSF will promptly supply the necessary information. 17 STB Docket AB 6 (Sub. No.495X) EXHIBIT A "-N ph - f61kte tools let e. p daod"tnwrfy re b POOL r, St J/ LA j 'he L. j PH kAjww pi —1 Pa ")-kim's m Pd oil's Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 ivww.kalispell.com/planning February 9, 2017 Emily Thompson, Paralegal Law Department HNSF Railway Company 2500 Lou Menk Drive -- AOB-3 Fort Worth, TX 76131-2829 RE: STI3 Docket No. AB 6 (Sub -no. 495X): BNSF Railway Company — Abandonment Exemption — in Flathead County, Montana Dear Ms. Thompson: l am responding to your rcxluest for comment on the proposed abandoruncnt ofapproximately 2.7 miles of BNSF track in Kalispell, MT. You ask if this proposed abandonment is consistent with existing land use plans and to describe any inconsistencies in our land use plans with such an action. The City of Kalispell has been working diligently since early 2010 to bring this proposed rail abandonment to fruition. In 2012, the City of Kalispell adopted a significant amendment to our long range growth policy (land use) plan. This amendment was entitled "The Core Area flan". A primary pillar of the plan was the abandonment of the BNSF rail line through the middle (Cure Area) of our city. This is specifically recited in the following; Goal, Strategy and Policy statements from the plan: Goal #1 - Relocation of the railroad tracks_ from the core area. Strategy #1 - Implement a program to relocate the Burlington Northern Santa Fe Railroad tracks from within the Core Area. 9. Utilization of railroad R/W for a multi -functional linear public feature (i.e. pedestrian/bikc trail and park) pioviduig foi- non -motorized transportation, urban recreatioN increased vehicular traffic flow and accessibility, aesthetic function and utility corridor. Poticies: 1. Work with the BNSF Railroad to develop a seamless program to remove the tracks from the Core Area and provide a new rail ternunus at the Flathead County Economic Development Authority (FCF.DA) rail served industrial site. 2. The City should take tic lead in coordinating with the current track users and the railroad for relocation of the businesses out of the Core Area and for track removal. 3. A program should be developed tier the relocation of existing rail dependent business out of the Core Area into the FCEDA Rail Industrinl Park. The Core Area Plan was the impetuous for the City of Kalispell to apply for and receive a $ } 0 million TIGER grant from the US Department of Transportation administered by the Federal Ralf Administration. This grant prognun mutchtxl by S l2 million dollars it) local go veniment funding; and a like amount in private funding has laid the ground work to develop a new rail industrial park can the cast side of town to provide new aril served lots for the two existing bushy-ases in Kalispell as well as prc riding sites for new industry coining into Kalispell. The second component of this TIGER grant furiding is the abandonment of the BNSF rail tine and redevelopment of this site into a linear pedestrian transportation systern. Keeping in stela with this program, the Kalispell City Council formally passed Resolution 5799 on February 4, 2017, notifying BNSF that both existing rail users are being relocated to the new rail park and therefore officially rcquL-qting that BNSF Railroad begirt the abandonment process of the existing rail line through Kalispell based on tho Core Area Plan. (Resolution 5799 attached). In closing, we do find that the abandoninent of the BNSF rail line through Kalispell is consistent with the City's existing land use plans and that there are no inconsistencies with this action. If you have any questions, do not licsitateto contact me at your earliest rouvenien-:e. sjneercl Taira 3entz Kalispell Planning Dire,:;tor Attachment - Kalispell Resolution 5799 RESOLUTION N70-5799 A RESOLUTION EXPRESSING TO THE BURfLTNC;;` OIN PdCDRTUEll$N SANT A E' E RakILROAD THE DESIRE OF TUE CITY TITAT THE EXISTING RAIiLROM) TRANSPORTATION INFRASTRUCTURE i7T E WITHIN THE CITY BEGIN TO BE AIMMaON D FOR THE REASON THATALL Ili. I'IAW USERS WITHIN TFIF CrIvy HAVE NG EED TO SUPPORT THE ABANDONMENT. WHEREAS, on Febmaary A, 2013 tho Kalispell City Caermil. through R-�yvlution No. 5605, adopted the lCalispell Core :area Plana as an aaniendmout to the Kalispell West Side !'Asian Renewal F)LArict Plan, overfald with as Tax iracrean.eni Financing District; ;and WHEREAS, u-senfial e-lernent-. of the ICafispell Core Area Man arc the avnacrval of the Br_arlin t€ n Northern Sarni Fe Railroad [13NSF] tracks tr 7vcrsln1(; it, as well as remm"Ing tilt industries "ti- •eel by: rail to ae location outsit_ic° of the Core Ar�!a; and '4V ]kMIFA S_ by letter datud Julyr 10, 2015. BNS 1~ ad is d Ilic Ciiv ot'ILa3lispc-ll tha it agree(i tc) ,abaridon tlac riailrand services and existiaja rstil t-an spoitaticata ill faUartraacture, ia, iltc. ciiy upon tfte support of existing rail r_tsus located mi the rail section proposa�.d tint ahaa,dtaaae,rerd; mul WHEREAS; the businesscs located on the renal propertly at 160 8"' A'vicnue West North, 1..; fispCl], NIOIAar)a ccrt,sistirzp of appraxim ately 1.6 acres, identified as 'tract 21S21:` 0-`v'1DC-? In the iVicridian f; ojup(�;x East Subdivisioin of the City of K.alispc-11, in ;:addiflon to :a private easel,ieeit - reEa of apprc)ximately aci-Qs that lrr refits the ,�uhject property, have been wr vcd with railroad traaispor-t"atiota by BNI SF and are fhc bast remaining bu sit,ess so :served tl,zat have not ailrcady express,d support fr,i- i=ac removal ot'the. track-, and 'WHERE S, the ownQr of tfic subjvct propcity scat firth -ibovc and the, husintUs eti ltaw'ateci lltcrcon have cnte.red into a a° 4lemortaazeltrafa 01' UndeNtaixliaa" Witla tl3c City ill which the pLi tses lira-ve aproed dut( tllosc eillities reed :filig mail transportation services att 160 't, Street VVcst North, Kalispell, I,•^la,t3t{iraa sb all mid forep u-r i-elinquish all m-difs atad pr1-v]1eg�:.s uf'rccQivim, sucli servica s ;as wall tas ra:air ri�;lal5 to assipa, suJ, ;-iglus and ptiv ileges, in eurlsidva ration for c.ml ain reluc ation ituldins provided by the City. N11—AV, Tl 1t:�;Rh]-()Rf , Lit- t l` ICE4Cyl. �f=.I] BY THE �� TY COUNCIL OF Tf 1t C-'l`f'` tip KAJASPELL AS FOLLOWS: SECTION L I'l,tat the Kalispell C11Y r OUnc l c'ontimtot to support lhiu a fba:tadoilrren( of [lie existing UNSF Rail infrastructure in flit. City- aas Well as a prua--Tara! to ;Hssisf the relocation or businosstti its the eilyJ sir ed her vail tr•�amportation to the Cilaciet sail Park. SECTION ? That the City Manager is F;.eiehy directed to c.,n municate; -with BNSF regarding the Memorandum of Undcrstandi: L; sct Coit'n iP tho redtals above in w-hich the last remainini users o�' tilt. rail services in the. City have agreed to relinquish all rights and 1 i-Mlegcs, of -receiving suclh scmce as ;Fell ati any righ-ts W, :assign such rights and p ivileges, in eonsidenition for ce1-tain i•clocation `ending pro- ideri by the Cite' wid W rc IUCil 012t RNITS be0is ahandounlent processes. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE P.t.-�VOR. OF T1lE CITE,' OF KALISPELL, TICIS 17T14 DAY nF.IANI ARY, 2017. r - 1'�'�`:r14•.1�11±1SQ11 'Ur 1 ATTEST: �`�i3n �E3ruttcl:iorst, C'��iC• ._ � ,�' Citv C lcrh �. EXHIBIT C HA/L WA Y EmHy Thompson BNSF Railway Company 25CO Lou )der-(D7ve—A0D-3 Lav, Department Forl Wolh. Texas 78131-2828 lei 817-152-2376 fax 817-352 97 Emad — emily.4hamp5onghncf.cam February 7, 2017 State of Mcntana Public Service Commission 1701 Prospect Ave. P.O. Box 202601 Helena, MT 59620 Re: STB Docket No. AB 6 (Sub -No. 495X); BNSF Railway Company — Abandonment Exemption — in Flathead County, Montana Enclosed please find BNSF Railway Company's ("BNSF") original correspondence dated January 31, 2017. Also enclosed is a revised map of the subject railroad line Please provide your response to me at the address above as soon as possible. You may contact me by email or telephone with any questions or concerns. Thank you in advance for your tame and contribution. Sincerely, s \ A Emily Thompson Paralegal Enclosure as stated cc via email: Karl Morell — Karl Morell & Associates — Karlrn a`karimorell.com James Mecone —BNSF — lymes.mecone(Sbnsf com SA 44 W4 Y January 31, 2017 State of Nlaatana Public Service Commission 1701 Prospect Ave. P.O. Box 202601 t lellena, PAT 59620 Emily Thompson. Paralegal Law Leoarrmenr BNSF Railway Company 253G Lou vlcnk GrNL� —AOE-3 non WcAh, Texas 76 - �1.2N2C tel 817.352.2376 lax 817.367-7387 Email — ernllyAhernpscn(�_T-bnsr.com Re: STB Docket No. AB 6 (Sub -No. 495)(); BNSF Railway Company — Abandonment Exemption — in Flathead County, Montana BNSF Railway Gcmpany ("BNSF") anticipates filing in frlarch a Petition for Exemption seeking Surface Transportation Board ("STB") authority in the above -referenced docket to abandon approximately 2.7 miles of track from Milepost '1225.19 to the south end of the line at M lepost 1227.58 and to the west end of the line at Engineering Station 189-1.36 (Milepost 1227.10) in r Rlispell Flathead County, Montana. As part of the environmental report, BNSF is required to contact you to determine if the proposed abandonment Is consistent %vith existing land use plans. If applicab e, please describe any inconsistencies. Your assessment and comments are respectfully requested. For your reference a reap of the subject railroad line is enclosed. Please provide your response to me at the address above as soon as pessiblc. You may contact me by email or telephone with any questions or concerns. Thank ycu in advance for your time and contribution. Sincerely,., � ; _-4' Emily Thompson Paralegal Enclosure as stated cc via email: Karl Morell — Karl Morell & Associates — karlm(�karilnoreli.ccm James Llecone — BNSF — lames rnecone&)nsf corn Mark Norton — BNSF — mark.ncrton dbnsf.cgm John Sims -- BNSF—Lonn.simsCc-bnsf.com EXHIBIT D 49 1 A W-9 WAT. 91. 296 $AiKil. MT. N961 Wilt 40UL1.02H PUNIOWNHIMDRAY No, 4A-A9ATAYirDlUHN 2911W February 14, 2017 Delivered via Email F rrai l y Thorapson BNSF Railway Company 2500 Lou 1VMenk Drhx — ACIB - 3 Fort Worth, TX 76131-2829 RE: 13NSF Right-of-way Abandonment Exemption Dear Ms. Thompson: I wn responding to your requcst for comment on the proposed abmidonrrrent of approximately 2.7 miles of 13NSF right-of-way in Flathead County, Montana. While much of the current right-of-way is located within th.e` limits of the City of Kalispell, small poilions are located within the County'sjurisdiction, The Flathead County Planning and Zoning Department is in suplxort of BNSF°s request as it will be consistent with the Courity's Growth Policy. More importantly, the abandonment of the rail it'acks will enable the City of Kalispell to advance The Core Area Plan which will bring exciting oppornanitics not only to the City of Kalispell but to all of Flathead County. Thank you for giving Flathead County the opportunity to comment on this maitcr. Ilene do not hesitate to contact me writh any questions. Sincerely, Mark Mussman, CFM Director i From: &aolcer. Jay - NRQ 5, Miswiula. MT Tu: It1OW%M �nily s�a�t Cc: irr. John - NRf5, MiSSoula, i ri; Gullet, K3�e - MRCS, Bo;&maDr hill; Rosario, Ar3yIj - NuCS, 01115?e-1!. CQ Subject: railroad abandonment project - KaiispeA Date- Vvednesday, Febi uary 8, 2017 2:41:44 Ph1 Attachments- Q" J "jU_ N r Radlejay Aban(jonmpritri +! IS3fisodl,.ta[naland c`9assifc_ation.nrl_f eXIE JNLL ENu'1IL Emily, i am responding to your request for soils information along the 6N rail line in Kalispell, MT. The line appears to be slated for abandonment in March, 201.7. The soils reap was generated from Web Sail Survey-. lit r:� we sail-�lrye'_.:sc eFzov usda �'r:� _Ant)/Hon-iePage � m Much of the Ine goes through the c:ily ruf Kalispell! and the soils are mapped as "Urban Land" N)vhich Tieans they have been disturfaed IJy deve`oplr+ent. There arc some soils that are "prune if irrigated" and "farmland of statewide iff1purtance" along the southerly and western parts of the protect. It does not appear that any farmland will be converted as a part of this activity and That impacts 7a these lands would be minimal. Please contact me if you have any further questions. Thanks, Jay Jay -Rrc o'ker — Ivw,.q Resnuma Soil Scientist S r'5D Mullah R.nnd, Suite 106 MiRsoula, MT 59908 44D6-829-3395 x 117 j�.lsraolrer�,mt.us .anv This electronic message contains inl'ozrnation generated by the USDA solely for the intended reeipir:nt - Any una.iithori7.eci interception of lbi,, or- t11c use or disclosure of the information it contains may violate the lnv and subject the vialator to evil or crimi-nal penalties, It you believe you have received this message in error, please notify the sender and delete the elnail immediately. AA M ZZ oKl :lUP6.1':5 011—.11 cm-lu OXW—IZ QT43mc akw:S R ZEM, ln.591 .LIT j O � m c� o d v US LE Sf Fri t J u m C = c c td O ` "it O Z U ODKW ODL= OODIlh4 OOl�tS I1 pF1ir (Yki§?. �11�5 z c s ��ev C al -- �Y wa w m� y r`s we _'2�' e6 cm i��'Sm ati `o n m ul m m rn c c m E S E q�ss i� x .� c aaT7 a E n `0 n L° a� A y G _rn -� E Q a -v m [L m g'. ,- Q `a ,E- c �- `n iL E E la. E [v li z m m 13 ® ® d El 0:It d m a r 7E o s� m m n ea �noov "` 0 t mm. Pj' t r_ '[1 v r w E� a Ch.5 fn C m T w .: m N E E G n E a E o o a CL w E E $ c c E E n o$ Q fA $$ E— t " om _c9 wEw i -x x m r c.7 W ,� m ,-�.- .SJ' �. � � Y Cn 01 w � 4 w � •"-5 p Cll � Ol L' � 'n L;G J p [] G G Ili 'r T�] C c O C W YS D tl p a O y = Z3 C� tl O 7 dam! i r 2 Q }}� EL m = L a m N r 'D •� O :n Z g a ny .^ m 97 [J �➢ d 43 a 5 !° mv€ m v s E t' vim,. E# ni E w G rml a 0 m o W E co m m` N t m F;M F�ao � E0 tC 9 t6 W k J D G mE E w ., E w u_ u. u- s7a L .-. d c C 'C •� m m �myLy L a 63 a Spy. p C m c w�a C n_r m E 43 — Gl E m m 41 q. -r� Z 2 p- p 946 m 6 a m m a ` "S Fro E°ooEoe n 'O E m a o —E •`c$oaamr a ,"1 .m c d 'Dr i0 a cn 2 4 4. !2 a m -F m c rn re w c rR w 'p o V1 r Q 07 4 i 11:' C} M y Z7 £ 2 � a a -= w — U F .- LQ N Cf o (D N a vbi 2 S m m1 csN re 4 �niO A o road �ds`'❑cw ETto a) N 6Y O Y CS Lt t3} E to a 9 4 4` R7 L Mi L, QI tl _", g w a CL v. j 0 N `p — " rC IC;S C v 'O Q c'a Q f1 50 J N 0 m d+ s F O 5 b i a. a m F [s NCI) UJ Q N F- rs z S q [ll 0. ® } N � CL ❑ C3 LL z N .2 T S �_ � C C CL 4 0 r. r CMCM 9 c iV O1 l0 a T U) Farmland Classification ---tipper Flathead Valley Area, Montana Farmland Classification Important rarmlands - Railroad a5andonement Farmland Classification— Summary by Map Unit — Upper Flathead Valicy Area, MonIana (MTGI7) j map unit symbol Map unit name Ratting Aries in AN Percent of A01 711 F Kingspoirrt-Rock Not prime farmland 8.7 0.8°/0 outcrop-Sharrott cornplex, 15 m 50 percent slopes Aa Alluvial [arid, poorly Nut prime farmland 111.7 917% drained Eta Banks loamy fine sand, Not prime farmland 6.4 0-71% 0 to 4 percent slopes Br, Birch fine sandy loarn, 0 Not pfirne farmland 0.5 U% to 5 percent slopes l3v 5ianchard very fine Not prince farmland i 9.4 0.8% sandy loam, 20 to 45 percent slopes ^ Cd Corvallis silty clay loam, Prime farmland if 1.7 0.1% 0 to 3 percent slopes irrigated Lea Demars-Kalispell wilt Not prime farmland 7,9 0.7% looms, 0 to 3 percent slopes €3b Demers -Kalispell silt Nat prime farmland 2.8 0.2% loam, 3 is 7 percent slopes Ka[Kpell gravelly loam, Not prime farmland 162 I A% Kd moderately deep over gravel, 12 to 44 percent slopes Kalispell osm, 4 to 3 Prime farmland if 147.8 12.8% Ise percent slopes irrigated Ku Kalisperil silt loam, heavy Prime farmland if 239:A 20.$6A subsoil, 0 to 3 percent irrigated slopes Kza KalispelFTuffit silt loams; Nat prima farmland 7 to 3 percent slopes Kzg Kiwanis-lurch fine sendy Not prime farmland IMFTS, 0 to 5 percent slopes Mires gravelly loam, 0 to Nor prime farmland MY 3 percent slopes Pb Prospect loam, 3 to 7 Farmland of statewide Percent slopes importance PC Prosper.[ loam, 7 to 12 Not prime farmland percent slopes Prospect loam, 12 to 20 Not prime larrnlrind Pd Percent slopes Pf Prvspett stony loam, 7 Not prime farmland to 12 percent elopes t15fA Natural Resources Web Soil Survey r Conservation $erviCe National Cooperative Soil Survey - .._ . .. 17.0 1.5`7a 25.6 2.5% 24.8 2.2% W) 4.8 0,4% — 33 1 4©.6 21812017 Page 4 of 5 Farm1nnd Classification -Upper Flathead Valley Area, Montana Important Farmlands - Railroad abandonement Farmland Classification— Summary by Map Unit — Upper Flathead Valley Area, Montana (MT617) -Map unit symbol Map unit name Rating Ages in AOI Percent of AQf Pg Prospect stony loam; 12 Not prune farmland 26.1 2.3% to 20 percent slopes Se Saline -Alkali land Not prime farmland 95,5 8.3% Sfl Swims silt leant, U to 3 Prime farmland V Ti 0.6% percent slopes irrigated Sr Swims silty clay IUaFnt 0 Prune farmland if 21.2 2.5% to 4 percent slopes irrigated Ta - - Tally, Blanchard, and Not prime farmland 1.2 0.195 Flathead soils, 0 to 3 percent slopes Ul Urban land Not prime farmland 242.2 21.0% i W Woter Not prime farmland 6.8 0.6% Ys3 Yeoman gravelly loam, Not prinw farmland 8.2 0.7% 12 to 30 percent slopos Yy Yeoman stony loam, 12 Not prime farmland 22 3 1.956 to 35 percent slopes w Illll Totals for Area of Interest 1,151.7 1 Description Farmland classitication identifies chap units as prime farmland, farmland of statewide importance, farmland of local importance, or unique farmland. It identifies the location and extent of the sails that are best suited to food, feed, fiber, forage, and oilseed craps. MRCS policy and procedures on prime and unique farmlands are published in the "Federal Register," Vol. 43, No. 21, January 81, 1978. Rating Options Aggregation Wthod: No Aggregation Necessary Tie -break Rulc: Lower =A Natural Resources Web S61 S irvey 2" Conservation Service National Cooperative Soil Sunray 21612017 Page 5 of 5 EXHIBIT f From: Allen, David To: Thompson. Emily Jean Cc: Grea Lanaer Subject: STB Docket No. AB (Sub -No. 495X) Date: Wednesday, February 8, 2017 11:45:05 AM EXTERNAL EMAIL Hello Emily, U.S. Fish and Wildlife Service Region 6 received your letter dated January 31, 2017 regarding the above referenced rail line abandonment in Flathead County. Our staff reviewed the proposal and determined that there are no endangered or threatened species that will be affected by the project, no critical habitat adjacent or near the line, and no National wildlife Refuges or other lands managed by Fish and Wildlife Service adjacent or near the line. Thank you, David Allen, J.D. Realty Specialist National Wildlife Refuge System U.S. Fish & Wildlife Service 585 Shepard Way, Suite 1 Helena, MT 59601 P:406-671-8508 F: 406-449-5339 Working with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people. From: Conard, Ben To: Thompson. Emily Jean Cc: karlm 5 karl morel 1. com; Mecone. James M; Norton, Mark A; iohn.simmsgbnsf.com; David Allen: Grea Langer Subject: Fwd: BNSF railway abandonment Date: Tuesday, March 7, 2017 11:16:48 AM EXTERNAL EMAIL Ms. Thompson: I've reviewed your letter of February 7, 2017, and the referenced BNSF letter of January 31, 2017, regarding STB Docket No. AB 6 (Sub -No 495X); BNSF Railway Company - Abandonment Exemption - in Flathead County, Montana. The USFWS Montana Ecological Services Office has no concerns about threatened, endangered, or candidate species; there should be no effects. This email thread displays our earlier response to the USFWS Realty Division at our Regional Office in Lakewood Colorado. Please let me know if you need anything more. Regards, -Ben ---------- Forwarded message ---------- From: Conard, Ben <ben_conard"Tws.gov> Date: Wed, Feb 8, 2017 at 9:22 AM Subject: Re: BNSF railway abandonment To: "Allen, David" <david allen(afws.gov> Cc: Greg Langer <greg_langera.fws.gov>, Gary Sullivan <gary_l_sullivanC.fws.gov>, Jodi Bush <jodi_bush c fws.gov> Thank you David. Actually this is the first I've seen this particular proposal. I've reviewed the latter and map. Montana Ecological Services Office has no concerns about threatened, endangered, or candidate species; there should be no effects. Let me know if you need anything more. - Ben On Tue, Feb 7, 2017 at 4:02 PM, Allen, David <david_allen4±s.gov> wrote: Hello Ben and Greg, Ben, please see the attached letter from BNSF regarding their proposed abandonment of a rail line through the town of Kalispell. You may be in the loop on this project already, but in case you are not, BNSF has some ES -related questions. Greg, as to the Refuge questions, the closest land the Service manages to this line is Batavia WPA, about 3 miles to the west. I do not imagine that qualifies as "adjacent to or near the line," but I'm sure that is a call for someone else to make. Please let me know if I can help with the response to BNSF. Thanks, David Allen, J.D. Realty Specialist National Wildlife Refuge System U.S. Fish & Wildlife Service 585 Shepard Way, Suite 1 Helena, MT 59601 P: 406-671-8508 F: 406-449-5339 Working with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people. ---------- Forwarded message ---------- From: Greg Langer <greg_langer&fws.gov> Date: Tue, Feb 7, 2017 at 3:39 PM Subject: BNSF railway abandonment To: David Allen <david allen&fws.gov>, William Rogers <william rogersnfws.gov> Cc: Gary L Sullivan <Gary L_Sullivannfws.gov> David, Received this today, please review. Also, Can you please forward to the appropriate ES Montana field office employee for me. thanks Greg Langer Realty Chief, R6 134 Union Blvd Lakewood, CO 80228 303-236-8130 Office 720-320-8943 Cell Ben Conard U.S. Fish and Wildlife Service - Montana Ecological Services Office Creston Fish and Wildlife Center 780 Creston Hatchery Road Kalispell, MT 59901 phone: (406) 758-6882 EXHIBIT G From: B air e, ChrisjgDt�er To: Thompson, Emily lean Subject: STB Docket NCB. AB6 (Sub -No. 495x) Date: Monday, February 13, 2017 11;37:09 AM EXTERNAL Et&IIL Hi Emily, Per your request for the above project. The BLM has no lands in those locations. Further, Threatened and/or Endangered species or their critical habitats, wildlife sanctuaries or refuge information can be obtained from the local US Fish and Wildlife Service or Montano Fish, Wildlife and Parks_ Thank you Chris Boone State Biologist EXHIBIT H AQ /L WA y Emily Thompson ONSF Railway Company Paralegal 2500 Lou Menk Drive - AOB-3 La.v Department Fort Worth, Texas 76131-2828 tel 817-352-2376 fax 817-352-2397 Email - emily.thonlpson@bnsf.com February 7, 2017 Sue Masica, Regional Director National Park Service Intermountain Region 12795 Alameda Parkway Denver, CO 80225 Re: STB Docket No. AB 6 (Sub -No. 495X); BNSF Railway Company — Abandonment Exemption — in Flathead County, Montana Enclosed please find BNSF Railway Company's ("BNSF") original correspondence dated January 31, 2017. Also enclosed is a revised map of the subject railroad line. Please provide your assessment and comments to me at the address above as soon as possible. You may contact me by email or telephone with any questions or concerns. Thank you in advance for your time and contribution Sincerely, Emily Thompson Paralegal Enclosure as stated cc via email: Karl Morell — Karl Morell & Associates — karim(a),karlmorell.com James Mecone — BNSF — lames.mecone(a>bnsf.com RA/L IiYAY Emily Thompson BNSF Railway Company Paralegal 2500 Lou Menk Drive —A013-3 LavlDeparimant Fort Worth, Texas 76131-2826 tel 817.352-2376 fax 817-352.2397 Email — emily.thompson@bnst.com January 31, 2017 Sue Masica, Regional Director National Park Service Intermountain Region 12795 Alameda Parkway Denver, CO 80225 Re: STB Docket No. AB 6 (Sub -No. 495X); BNSF Railway Company — Abandonment Exemption — in Flathead County, Montana BNSF Railway Company ("BNSF') anticipates filing in March a Petition for Exemption seeking Surface Transportation Board ("STB") authority in the above -referenced docket to abandon approximately 2.7 miles of track from Milepost 1225.19 to the south end of the line at Milepost 1227.58 and to the west end of the line at Engineering Station 189+36 (Milepost 1227.10) in Kalispell, Flathead County, Montana. As part of the requisite environmental report, BNSF needs to know: 1) whether or not there are any wildlife sanctuaries or National or State parks or forests adjacent to or near the line, and 2) if so, what effects the proposed action may have on same. For your reference I have enclosed a map of the subject railroad line. Following is information on BNSF's salvage process as it relates to this project that should also be of use: The proposed abandonment will include the removal of the rails and ties-, however, the railroad right of way, ballast and culverts will remain in place. The salvage process begins with the unbolting of the track materials or rails. With the use of specialized machinery placed on the railroad right of way, the rails and related steel (angle bars, tie plates, spikes, switches and any other metal parts) are removed. Next the wooden ties are raised from among the ballast with a tool designed for minimum disruption of ground material. The ties are separated into three groups as follows: (1) good quality ties that will be re -used in rail service, (2) landscape -quality ties that will be re -sold to lumber dealers for landscaping and (3) scrap ties. Scrap ties are loaded into railcars and shipped by BNSF to an EPA -approved disposal site. The culverts, ballast and right of way will remain intact so as not to alter the prevailing waterflows along the line. In addition, BNSF salvage contractors are required to limit their activities to the width of the right of way and not to place fills or other material in water bodies, including inland waterways. 114,'hen the salvage process is complete, waterflows in the area should not be disrupted. Finally, road crossings are removed and rernediated, then repaved with gravel, asphalt or concrete, as required by governing authority. Any signals are also dismantled and removed. BNSF salvage work for abandonments is always performed by experienced rail material salvagers and is generally bid on the open market. Each salvage contract includes detailed information on any environmental or historical conditions recommended by the Office of Environmental Analysis and imposed by the Surface Transportation Board in their final decision. Completed work is independently inspected by a BNSF roadmaster (or equal representative) to ensure compliance with. BNSF standards of quality and all contractual obligations, including STB-imposed conditions, if applicable. Please provide your assessment and comments to me at the address above as soon as possible_ You may contact me by email or telephone with any questions or concerns. Thank you in advance for your time and contribution. Sincerely, f C_ Emily Th pson Paralegal Enclosure as stated cc via email: Karl Morell —Karl Moreil & Associates — kadmLwkarlmorell.corn James Mecone — BNSF — iarnes,mecaneQbnsf.cvrn Mark Norton — BNSF — rnprk.norton0bnsf,com Jahn Sims — BNSF — chn.srnis ns# co K c G � F a N � n C an N � ' 1 r � PM %42A11 n! :u.cj tl *W2:@urlrfi l:. py sw _ y ;t 0 N tt I� r N EXHIBIT I RA/L IiYAY Emily Thompson BNSF Railway Company Paralegal 2500 Lou Menk Drive - AOB-3 Law Department Fort Worth, Texas 76131-2828 tel 817-352-2376 fax 817-352.2397 Email emily.thompson@brsf.com February 7, 2017 Montana Department of Environmental Quality P.O. Box 200901 Helena, MT 5620-0901 Re: STB Docket No. AB 6 (Sub -No. 495X?; BNSF Railway Company — Abandonment Exemption — in Flathead County, Montana Enclosed please find BNSF Railway Company's ("BNSF") original correspondence dated January 31, 2017. Also enclosed is a revised map of the subject railroad line. Please provide your assessment and comments to me at the address above as soon as possible. You may contact me by email or telephone with any questions or concerns. Thank you in advance for your time and contribution Sincerely, r Emily Thompson Paralegal Enclosure as stated cc via email: Karl Morell — Karl Morell & Associates — karlm a(�,karlmorell.com James Mecone — BNSF — lames meconela')_bnsf.com RA/L l�I/AY Emily Thompson BNSF Railway Company Paralegal 2500 Lou Menk Drive—A013.3 La,y Department Fort Worth, Texas 76131-2828 tel 817.352-2376 fax 817-352-2387 Email emily.thompson@bnsf.com January 31, 2017 Montana Department of Environmental Quality P.O. Box 2.00901 Helena, MT 5620-0901 Re: STB Docket No. AB 6 (Sub -No. 495X); BNSF Railway Company — Abandonment Exemption — in Flathead County, Montana BNSF Railway Company ("BNSF") anticipates filing in March a Petition for Exemption seeking Surface Transportation Board ("STB") authority in the above -referenced docket to abandon approximately 2.7 miles of track from Milepost 1225.19 to the south end of the line at Milepost 1227.58 and to the west end of the line at Engineering Station 189+36 (Milepost 1227.10) in Kalispell, Flathead County, Montana. As part of the requisite environmental report, BNSF needs to know: 1) whether or not this action will be consistent with Federal, State or local water quality standards, and 2) whether or not Section 402 and/or National Pollutant Discharge Elimination System ("NPDES") permits are required for performance of the salvage activity described below. Please note: BNSF anticipates the proposed abandonment will not disturb more than one (1) acre of land. For your reference I have enclosed a map of the subject railroad line. Following is information on BNSF's salvage process as it relates to this project that should also be of use: The proposed abandonment will include the removal of the rails and ties; however, the railroad right of way, ballast and culverts will remain in place. The salvage process begins with the unbolting of the track materials or rails. With the use of specialized machinery placed on the railroad right of way, the rails and related steel (angle bars, tie plates, spikes, switches and any other metal parts) are removed. Next the wooden ties are raised from among the ballast with a tool designed for minimum disruption of ground material. The ties are separated into three groups as follows: (1) good quality ties that will be re -used in rail service, (2) landscape -quality ties that will be re -sold to lumber dealers for landscaping and (3) scrap ties. Scrap ties are loaded into railcars and shipped by BNSF to an EPA -approved disposal site. The culverts, ballast and right of way will remain intact so as not to alter the prevailing waterflows along the line. In addition, BNSF salvage contractors are required to limit their activities to the width of the right of way and not to place fills or other material in water bodies, including inland waterways. When the salvage process is complete, water -flows in the area should not be disrupted. Finally, road crossings are removed and remediated, then repaved with gravel, asphaft or concrete, as required by governing authority, Any signals are also dismantled and removed. BNSF salvage work for abandonments is always performed by experienced rail material salvagers and is generally bid on the open market. Each salvage contract includes detailed information on any environmental or historical conditions recommended by the Office of Environmental Analysis and imposed by the Surface Transportation Board in their final decision. Completed work is independently inspected by a BNSF roadmaster (or equal representative) to ensure compliance with BNSF standards of quality and all contractual obligations. including STB-imposed conditions, if applicable. Please provide your assessment and comments to me at the address above as soon as possible_ You may contact me by email or telephone with any questions or concerns. Thank you in advance for your time and contribution. Sincerely, r Emily Thom son 1; Paralegal Enclosure as stated cc via email: Karl More11 — Karl Morel I & Associates -- karlm aQkarlrnoreli.com James Mecone — BNSF — iamEs.mgcan bnsf.com Mark Norton — BNSF — mark.norton@bnsf,gom John Sims — BNSF — iohn.sirns bnsf.com 14 Imw-C,7c, PW 11.4 :-1- i',Ij C-1 x-Vj P)J wl -rip.,tl 1--a5 EXHIBIT J RA/L WA Y Emily Thompson BNSF Railway Company Paralegal 2500 Lou Menk Drive - AOB-3 Law Department Fort Worth, Texas 76131-2828 let 817-352.2376 fax 817-352-2397 Email emity.thompson@bnsf com February 7, 2017 US EPA Region 8 80C-EISC 1595 Wynkoop Street Denver, CO 80202-1129 Re: STB Docket No. AB 6 (Sub -No. 495X); BNSF Railway Company — Abandonment Exemption — in Flathead County, Montana Enclosed please find BNSF Railway Company's ("BNSF") original correspondence dated January 31, 2017. Also enclosed is a revised map of the subject railroad line. Please provide your assessment and comments to me at the address above as soon as possible. You may contact me by email or telephone with any questions or concerns. Thank you in advance for your time and contribution. Sincerely, n � Emily Thompson Paralegal Enclosure as stated cc via email: Karl Morell — Karl Morell & Associates — karlmc'c�karlmorell.com James Mecone — BNSF — iarnes.mecone(a)bnsf.com f;A/L I�.4Y January 31, 2017 US EPA Region 8 8OC-EISC 1595 Wynkoop Street Denver, CO 80202-1129 Emily Thompson Paralegal Laser Deparunent ONSF Railway Company 2500 Lotj Menk Drive -Ao8.3 Fora Worlh, Texas 70131-2828 tel B17-352-2376 fax 817.352.2397 Email enlly lhampsan�a bnsl,com Re; STB Docket No. AS 6 (Sub -No. 495X); BNSF Railway Company --- Abandonment Exemption -- in Flathead County, Montana BNSF Railway Company ("BNSF') anticipates filing in March a Petition for Exemption seeking Surface Transportation Board ("STB") authority in the above -referenced docket to abandon approximately 2 . 7 miles of track from Milepost 1225.19 to the south end of the line at Milepost 1227.58 and to the west end of the line at Engineering Station 189+36 (Milepost 1227.10) in Kalispell, Flathead County, Montana. As part of the requisite environmental report, BNSF needs to know: 1) whether or not this action will be consistent with Federal, State or local water quality standards, and 2) whether or not Section 402 and/or National Pollutant Discharge Elimination System ("NPDES") permits are required for performance of the salvage activity described below. Please note: BNSF anticipates the proposed abandonment will notdisturb more than one (1) acre of land. For your reference 1 have enclosed a map of the subject railroad line. Following is information on BNSF's salvage process as it relates to this project that should also be of use: The proposed abandonment will include the removal of the rails and ties; however, the railroad right of way, ballast and culverts will remain in place. The salvage process begins with the unbolting of the track materials or rails. With the use of specialized machinery placed or} the railroad right of way, the rails and related steel (angle bars, tie plates, spikes, switches and any other metal parts) are removed. Next the wooden ties are raised from among the ballast with a tool designed for minimum disruption of ground material. The ties are separated into three groups as follows; (1) goad quality ties that will be re -used in rail service, (2) landscape -quality ties that will be re -sold to lumber dealers for landscaping and (3) scrap ties. Scrap ties are loaded into railcars and shipped by BNSF to an EPA -approved disposal site. The culverts, ballast and right of way will remain intact so as not to alter the prevailing vvaterflows along the line. In addition, BNSF salvage contractors are required to limit their activities to the width of the right of way and not to place fills or other material in water bodies, including inland waterways. When the salvage process is complete, waterflows in the area should not be disrupted. Finally, road crossings are removed and remediated, then repaved with gravel, asphalt or concrete, as required by governing authority. Any signals are also dismantled and removed. BNSF salvage work for abandonments is always performed by experienced rail material salvagers and is generally bid on the open market. Each salvage contract includes detailed information on any environmental or historical conditions recommended by the Office of Environmental Analysis and imposed by the Surface Transportation Board in their final decision. Completed work is independently inspected by a BNSF roadmaster (or equal representative) to ensure compliance with BNSF standards of quality and all contractual obligations, including STS-imposed conditions, if applicable. Please provide your assessment and comments to me at the address above as soon as possible. You may contact me by email or telephone with any questions or concerns. Thank you in advance for your time and contribution_ Sincerely, 4y A, - e F Emily Thong son Paralegal Enclosure as stated ce via email: Karl Morell —Karl Morell & Associates — karini@karlmorell.com James Mecone — BNSF -- iai mes.mgconeabnsf.pom Mark Morton — BNSF — mafk.norxonCo7bnsf.com John Sims — BNSF— Lohn.sims bnsf.com CL c 4) E c 0 13 c m CL U) ft Pd ;a%.vpj oj --j PH M, PH CUI#U EXHIBIT K DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT tiELENA REGULATORY OFFICE 10 WEST 15711STREET, SUITE 2200 HELENA, MONTANA 59626 REPLY TO A-TcN-ICN OF February 6, 2017 Regulatory Branch Montana State Program Corps No. NWO-2017-00190-MTH Subject: BNSF Railway — Rail and Tie Removal — Ashley Creek (Flathead County) Emily Thompson BNS}= Railway Company 2500 Lou Menk Drive - AOB-3 Fort Worth, Texas 76131-2828 Dear Ms. Thompson: We are responding to your request for if a 404 permit is required for the above - referenced project. Specifically, you are proposing the removal of the rail and ties for a 2.7 mile length of track. The project is located within Kalispell City, within Section 1.9, Township 28 N. Range 21 W, Principal Meridian, Latitude 48.1935730, Longitude-114.323974", Flathead County, Montana. This project has been reviewed in accordance with Section 404 of the Clean Water Act. Under the authority of Section 404, Department of the Army (DA) permits are required for the discharge of fill material into waters of the U.S. Waters of the U.S. include the area below the ordinary high water mark of stream channels and lakes or ponds connected to the tributary system, and wetlands adjacent to these waters. Isolated waters and wetlands, as well as man- made channels; may be waters of the U.S. in certain circumstances, which must be determined on a case -by -case basis. Based on the information provided, a Department of the Army permit will not be required for this activity Based on the information you have provided on February 6, 2017, it appears that the proposed work will not result in the discharge of dredged or fill material within waters of the United States and does not involve work in, over or under navigable waters of the United States. Therefore, a DA permit is not required for this work. Measures should be taken to prevent construction materials, rails and related steel, railway ties and/or activities from entering any waters of the United States. Appropriate soi•. erosion and sediment controls should be implemented onsite to achieve this end. Although a Department of the At my permit will not be required for this activlty, this does not eliminate the requirements that other applicable federal, state, tribal, and local permits are obtained if needed. Please be advised that deviations from the original plans and specifications of this project could require additional authorization from this office. Piinlev U LG Fecydec -npc. -2- Please refer to identification number NWO-2017-00190-MTH in any correspondence concerning this project. if you have any questions, please contact Dylan Hickey by email at Dylan. J.Hickey@usace.army. mil, or telephone at (406) 441-1364. Sincerely, HICKEY.DYLANJER Y rmow,s,u�Z D-4:;Jli —It%G:.. -x,l.u=I1,podlfr EMIAH.1535865112 Dylan Hickey Regulatory Project Manager Prl rViN1 cn19 {ecvuoa Hapar EXHIBIT L 20 34 �ti i '.,Y� a .. i ,s ��; s �, ;= � ©©\ � �y . - « � - . 2�§ � <: c� . . ,y z . » \ ��� � %� �: . �>.\ - � � < .� \�y� w���2 \ »� �7 ` � . .,§©. � «: : >} ®� . >� v . \ : \<: m\ � 1 tam] BigSky Big Land. Big Histoiy. Montana February 16. 2017 17s. E:inily'l°haznpsan BNSF Railway Company 2500 Lou Menu; Drive — AOB-3 Port Worth, TX 76131-?.V8 RE. i3NSF Railway Company Abandonment Exemption Flathead County, Montana Dear Ms. Thompson: publictah'Ori°s Rc°warch ismer Thank you For the led.er (received February 10, 2017) regarding the 13NSF Railway Company Abandonment Exemption project in Flathead County, Montana. Is this project an extension of the City of Kalispell, Glacier bail Park and Core Area: Trail PrtT,lco? If so we arc iii the process of working with Larry Squires from the f 7A and the City of Kalispell to complete the Section 106 process. If this is a different project, you will reed to complete a records search with our office in order to determine any eligible cultural resources that may be -within the project at-ca. The form you need to cOiuplete to ieceiw� a record search can be fctt3nsl at littp:.+'irrnhs.mt.rra!C"ulttti'alRQcGFdS . Please note that in the State of Montana, we consider all major railroads Eligible for the National Register of Historic Places under C'riteiion A. If you have any cominents or questions, do not hesitate to contact me at (446) 444-0388 or J 13ti5i;? i +at�t ov, Thank you for infoi-ming us of this project. Sincerely, W-7 3cs5ica 13u�;h. M„A, Kcvicwv and Compliance Officer, Dcputy SIIPU Montana State Historic Preservation Office File- Local Other — 2017 2017021006 VC). Brix 201201 Hekn�L MT 1106) 444-2696 F,LX itiot7rariallitnriea€sna�irtl'.��r;;