HolRail LLC-Construction and Operation Exemption-in Orangeburg and Dorchester Counties, SC, 43942-43945 [05-14923]
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43942
Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Notices
previously published a notice about this
collection in the Federal Register on
May 17, 2005 at 70 FR 28354. That
notice allowed for a 60-day public
review and comment period on the
proposed reinstatement without change
of this previously approved information
collection. No comments were received.
The purpose of the current notice is
to allow an additional 30 days for public
comment to satisfy the requirements of
the Paperwork Reduction Act, 44 U.S.C.
3507(b). Comments are requested
concerning (1) whether the particular
collection of information described
below is necessary for the proper
performance of the functions of the
Board, including whether the collection
has practical utility; (2) the accuracy of
the Board’s burden estimates; (3) ways
to enhance the quality, utility, and
clarity of the information collected; and
(4) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology,
when appropriate. Submitted comments
will be considered by OMB prior to
approval of the proposed collection.
Overview of this information
collection:
Title: Application to Open an Account
for Billing Purposes.
OMB Control Number: 2104–0006.
Form Number: STB Form 1032.
Number of Respondents: 20.
Affected Public: Rail carriers,
shippers, and others doing business
before the agency.
Estimated Time Per Response: Less
than .08 hours. This estimate is based
on actual past survey information.
Frequency of Response: The form will
only have to be completed once by each
account holder.
Total Annual Burden Hours: Less
than 1.6 hours.
Total Annual ‘‘Non-Hour Burden’’
Cost: No ‘‘non-hour cost’’ burdens
associated with this collection have
been identified.
Needs and Uses: The Board is, by
statute, responsible for the economic
regulation of surface transportation
carriers operating in interstate
commerce. This form is for use by
applicants who wish to open an account
with the Board to charge fees for records
search, review, copying, certification of
records, filing fees, and related services
rendered. The account holder would be
billed on a monthly basis for payment
of accumulated fees. Data provided will
also be used for debt collection
activities. The form requests
information as required by OMB and
U.S. Department of Treasury regulations
for the collection of fees. This
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information is not duplicated by any
other agency. In accordance with the
Privacy Act, 5 U.S.C. 552a, all taxpayer
identification and social security
numbers will be secured and used only
for credit management and debt
collection activities. The information
will be retained until the account holder
indicates that he wishes to close the
account and all debts are paid in full.
Written comments are due on
August 29, 2005.
DATES:
Written comments should
be identified as ‘‘Paperwork Reduction
Act Comments, Surface Transportation
Board Application to Open an Account
for Billing Purposes, OMB Number
2140–0006.’’ These comments should be
directed to the Office of Management
and Budget, Office of Information and
Regulatory Affairs, Attention: Surface
Transportation Board Desk Officer,
Room 10235, 725 17th Street, NW.,
Washington, DC 20503.
ADDRESSES:
For
further information regarding the
information collection, or for copies of
the information collection form, contact
Anthony Jacobik, Jr., (202) 565–1713.
[Federal Information Relay Service
(FIRS) for the hearing impaired: (800)
877–8339.]
FOR FURTHER INFORMATION CONTACT:
Under the
PRA, a Federal agency conducting or
sponsoring a collection of information
must display a currently valid Office of
Management and Budget (OMB) control
number. Collection of information is
defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency
requirements that persons submit
reports, keep records, or provide
information to the agency, third parties,
or the public. Section 3507(b) of the
PRA requires, concurrent with an
agency’s submitting a collection to OMB
for approval, a 30-day notice and
comment period through publication in
the Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information.
SUPPLEMENTARY INFORMATION:
Dated: July 25, 2005.
Vernon A. Williams,
Secretary.
[FR Doc. 05–15007 Filed 7–28–05; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34421]
HolRail LLC—Construction and
Operation Exemption—in Orangeburg
and Dorchester Counties, SC
Surface Transportation Board,
Transportation.
ACTION: Notice of intent to prepare an
Environmental Impact Statement; notice
of initiation of the scoping process;
notice of availability of draft Scope of
Study for the Environmental Impact
Statement and request for comments.
AGENCY:
SUMMARY: On November 13, 2003,
HolRail LLC (HolRail) filed a petition
with the Surface Transportation Board
(the Board or STB) pursuant to 49 U.S.C.
10502 for authority to construct and
operate a rail line in Orangeburg and
Dorchester counties, South Carolina
(SC). The proposed project would
involve the construction and operation
of approximately two miles of new rail
line from the existing cement
production factory owned by HolRail’s
parent company, Holcim (US) Inc.
(Holcim), located near Holly Hill in
Orangeburg County, to the terminus of
an existing rail line of the Norfolk
Southern Railway Company (NSR),
located to the south near Giant in
Dorchester County.
Because the effects of the proposed
project on the quality of the human
environment are likely to be
controversial, the Board’s Section of
Environmental Analysis (SEA) has
determined that the preparation of an
Environmental Impact Statement (EIS)
is appropriate. The purpose of this
Notice is to advise those individuals
interested in or affected by the proposed
project as well as agencies with special
expertise or jurisdiction by law, of
SEA’s decision to prepare an EIS and to
initiate the formal scoping process. This
Notice also announces the availability of
a draft Scope of Study and requests
comments on the draft Scope of Study.
DATES: Comments are due by August 31,
2005.
Submitting Environmental Comments:
If you wish to submit written comments
regarding the attached proposed draft
Scope of Study, please send an original
and two copies to the Surface
Transportation Board, Case Control
Unit, 1925 K Street, NW., Washington,
DC 20423–0001, to the attention of
David Navecky. Environmental
comments may also be filed
electronically on the Board’s Web site,
https://www.stb.dot.gov, by clicking on
the ‘‘E–FILING’’ link. Please refer to
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Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Notices
STB Finance Docket No. 34421 in all
correspondence, including e-filings,
addressed to the Board.
FOR FURTHER INFORMATION CONTACT: Mr.
David Navecky, Section of
Environmental Analysis, Surface
Transportation Board, 1925 K Street,
NW., Washington, DC 20423–0001, or
(202) 565–1593, or
naveckyd@stb.dot.gov. Assistance for
the hearing impaired is available
through the Federal Information Relay
Service (FIRS) at 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
Background: By petition filed on
November 13, 2003, HolRail seeks an
exemption from the Board under 49
U.S.C. 10502 from the prior approval
requirements of 49 U.S.C. 10901 for
authority to construct and operate a rail
line in Orangeburg and Dorchester
counties, SC approximately 40 miles
northwest of Charleston and 60 miles
southeast of Columbia.
The new rail line would establish
alternative rail service at the Holly Hill
facility which is presently served only
by CSX Transportation, Inc. (CSX).
Holcim recently completed an
expansion of the Holly Hill plant and
has determined that alternative rail
access is necessary to achieve the full
benefits of the expanded production
capacity. HolRail would arrange for a
third-party operator to provide rail
service, and would employ a contractor
to provide maintenance service for the
line, or engage the third-party operator
to perform this service.
Pursuant to the Board’s
responsibilities under the National
Environmental Policy Act (NEPA), SEA
has begun the environmental review of
HolRail’s proposal by consulting with
appropriate Federal, State, and local
agencies, as well as HolRail, and
conducting technical surveys and
analyses. SEA has also consulted with
the South Carolina State Historic
Preservation Office (SHPO) in
accordance with the regulations
implementing section 106 of the
National Historic Preservation Act
(NHPA) at 36 CFR part 800 and
identified appropriate consulting parties
to the section 106 process.
Based on the nature and content of
the public and agency comments
received, SEA has determined that the
effects of the proposed project on the
quality of the human environment are
likely to be controversial, and that thus,
preparation of an EIS is appropriate. At
this point in the environmental review
process, SEA intends to analyze the
potential environmental impacts of the
proposed route, the no-action or nobuild alternative (i.e., continuing to use
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of the CSX line), and at least one
alternative route. SEA welcomes
comments on these or additional
alternatives.
Environmental Review Process: The
NEPA process is intended to assist the
Board and the public in identifying and
assessing the potential environmental
consequences of a proposed action
before a decision on the proposed action
is made. SEA is responsible for ensuring
that the Board complies with NEPA and
related environmental statutes. The first
stage of the EIS process is scoping.
Scoping is an open process for
determining the scope of environmental
issues to be addressed in the EIS. SEA
has developed a draft Scope of Study for
the EIS for public review and comment,
which incorporates the issues and
concerns raised in the comment letters
SEA has received thus far. SEA is
soliciting written comments on this
draft Scope of Study. After the close of
the comment period on the draft Scope
of Study on August 31, 2005, SEA will
review all comments received and then
issue a final Scope of Study for the EIS.
Following the issuance of the final
Scope of Study, SEA will prepare a
Draft EIS (DEIS) for the project. The
DEIS will address those environmental
issues and concerns identified during
the scoping process. It will also contain
SEA’s preliminary recommendations for
environmental mitigation measures.
Upon its completion, the DEIS will be
made available for public and agency
review and comment for at least 45
days. SEA will then prepare a Final EIS
(FEIS) that addresses the comments on
the DEIS from the public and agencies.
Then, in reaching its decision in this
case, the Board will take into account
the DEIS, the FEIS, and all
environmental comments that are
received.
Draft Scope of Study for the EIS
Proposed Action and Alternatives
The proposed project would provide
alternative rail access to the Holcim
facility, which is currently only served
by CSX. The existing CSX line begins at
the terminus of an NSR rail line at
Giant, SC, passes to the immediate west
of the Holcim facility, and continues on
to Creston, SC. The proposed action
would involve the construction and
operation of an approximately 2-mile
rail line that would also begin at the
terminus of the NSR line at Giant, SC
and end at the Holcim facility.
HolRail proposes two potential
alignments, both of which are on the
east side of and parallel to the existing
CSX line across Four Hole swamp.
Alignment A would involve
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constructing the new rail line largely
within the existing ROW of the CSX rail
line. Alignment B would be constructed
approximately 50 yards east of the CSX
ROW, on property almost entirely
owned by Holcim. Either alignment
would connect with NSR to the south
on land owned by a neighboring cement
facility, over which HolRail intends to
obtain access by easement or other
arrangement.
HolRail intends to construct and own
the track, which would be a part of the
common carrier rail network. HolRail
would arrange for a third-party operator
to provide rail service. HolRail would
also employ a contractor to provide
maintenance service for the line, or
engage the third-party operator to
perform this service.
Environmental Impact Analysis
Proposed New Construction
The EIS will document the activities
associated with the construction and
operation of the proposed new rail line.
Impact Categories
Impact areas addressed in the EIS will
include the effects of the proposed
construction and operation of the new
rail line on transportation and traffic
safety, public health and worker health
and safety, water resources, biological
resources, air quality, geology and soils,
land use, environmental justice, noise,
vibration, recreation and visual
resources, cultural resources, and
socioeconomics. The EIS will include a
discussion of each of these categories as
they currently exist in the project area
and will address the potential impacts
from the proposed project on each
category, as described below:
1. Transportation and Traffic Safety
The EIS will:
a. Describe the potential impacts of
the proposed new rail line construction
and operation on the existing
transportation network in the project
area.
b. Describe the potential for train
derailments or accidents from proposed
rail operations.
c. Describe potential pipeline safety
issues at rail/pipeline crossings, as
appropriate.
d. Propose mitigative measures to
minimize or eliminate potential project
impacts to transportation and traffic
safety, as appropriate.
2. Public Health and Worker Health and
Safety
The EIS will:
a. Describe potential public health
impacts from the proposed new rail line
construction and operation.
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b. Describe potential impacts to
worker health and safety from the
proposed new rail line construction and
operation.
c. Propose mitigative measures to
minimize or eliminate potential project
impacts to public health and worker
health and safety, as appropriate.
b. Describe the potential impacts to
soils and geologic features from the
proposed new rail line construction and
operation.
c. Propose mitigative measures to
minimize or eliminate potential project
impacts on soils and geologic features,
as appropriate.
3. Water Resources
The EIS will:
a. Describe the existing groundwater
resources within the project area, such
as aquifers and springs, and the
potential impacts on these resources
resulting from construction and
operation of the proposed new rail line.
b. Describe the existing surface water
resources within the project area,
including watersheds, streams, rivers,
and creeks, and the potential impacts on
these resources resulting from
construction and operation of the
proposed new rail line.
c. Describe existing wetlands in the
project area and the potential impacts
on these resources resulting from
construction and operation of the
proposed new rail line.
d. Describe the permitting
requirements that are appropriate for the
proposed new rail line construction and
operation regarding wetlands, stream
crossings (including floodplains), water
quality, and erosion control.
e. Propose mitigative measures to
minimize or eliminate potential project
impacts to water resources, as
appropriate.
7. Land Use
4. Biological Resources
The EIS will:
a. Describe the existing biological
resources within the project area,
including vegetative communities,
wildlife and fisheries, and Federal and
State threatened or endangered species
and the potential impacts to these
resources resulting from the proposed
new rail line construction and
operation.
b. Propose mitigative measures to
minimize or eliminate potential project
impacts to biological resources, as
appropriate.
9. Noise
5. Air Quality Impacts
The EIS will:
a. Describe the potential air quality
impacts resulting from the proposed
new rail line construction and
operation.
b. Propose mitigative measures to
minimize or eliminate potential project
impacts to air quality, as appropriate.
6. Geology and Soils
The EIS will:
a. Describe the native soils and
geology of the proposed project area.
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The EIS will:
a. Describe existing land use patterns
within the project area and identify
those land uses that would be
potentially impacted by the proposed
new rail line construction and
operation.
b. Describe the potential impacts
associated with the proposed new rail
line construction and operation to land
uses identified within the project area.
c. Propose mitigative measures to
minimize or eliminate potential project
impacts to land use, as appropriate.
8. Environmental Justice
The EIS will:
a. Describe the demographics of the
communities potentially impacted by
the construction and operation of the
proposed new rail line.
b. Evaluate whether new rail line
construction or operation would have a
disproportionately high adverse impact
on any minority or low-income group.
c. Propose mitigative measures to
minimize or eliminate potential project
impacts on environmental justice
communities of concern, as appropriate.
The EIS will:
a. Describe the existing noise
environment of the project area and
potential noise impacts from the
proposed new rail line construction and
operation.
b. Propose mitigative measures to
minimize or eliminate potential project
impacts to noise receptors, as
appropriate.
10. Vibration
The EIS will:
a. Describe the potential vibration
impacts from the proposed new rail line
construction and operation.
b. Propose mitigative measures to
minimize or eliminate potential project
impacts from vibration, as appropriate.
11. Recreation and Visual Resources
The EIS will:
a. Describe existing recreation and
visual resources in the proposed project
area and potential impacts to recreation
and visual resources from construction
and operation of the proposed new rail
line.
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b. Propose mitigative measures to
minimize or eliminate potential project
impacts to recreation and visual
resources, as appropriate.
12. Cultural Resources
The EIS will:
a. Describe the cultural resources in
the area of the proposed project and
potential impacts to cultural resources
from the proposed new rail line
construction and operation.
b. Describe the NHPA Section 106
process for the proposed project, and
propose mitigative measures to
minimize or eliminate potential project
impacts to cultural resources, as
appropriate.
13. Socioeconomics
The EIS will:
a. Describe the demographic
characteristics of the project area.
b. Describe the potential
environmental impacts to employment
and the local economy as a result of the
proposed new rail line construction and
operation.
c. Propose mitigative measures to
minimize or eliminate potential project
adverse impacts to socioeconomic
resources, as appropriate.
14. Cumulative and Indirect Impacts
The EIS will:
a. Address any identified potential
cumulative impacts of the proposed
new rail line construction and
operation, as appropriate. Cumulative
impacts are the impacts on the
environment which result from the
incremental impact of the action when
added to other past, present, and
reasonably foreseeable future actions
regardless of what agency (Federal or
non-Federal) or person undertakes such
actions.
b. Address any identified potential
indirect impacts of the proposed new
rail line construction and operation, as
appropriate. Indirect impacts are
impacts that are caused by the action
and are later in time or farther removed
in distance, but are still reasonably
foreseeable.
Decided: July 21, 2005.
By the Board, Victoria Rutson, Chief,
Section of Environmental Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 05–14923 Filed 7–28–05; 8:45 am]
BILLING CODE 4915–00–P
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34705 (Sub–No.
1)]
Soo Line Railroad Company D/B/A
Canadian Pacific Railway—Temporary
Trackage Rights Exemption—BNSF
Railway Company
BNSF Railway Company (BNSF) has
agreed to grant temporary overhead
trackage rights to expire on August 31,
2005, to Soo Line Railroad Company d/
b/a Canadian Pacific Railway (CPR) over
BNSF’s rail line between Ardoch, ND,
and Erskine, MN, as follows: (1) From
Ardoch at BNSF milepost 24.5 to Grand
Forks, ND, at BNSF milepost 0.0, (2)
from Grand Forks at BNSF milepost
109.9 to Crookston Junction, MN, at
BNSF milepost 80.9, and (3) from
Crookston Junction at BNSF milepost
0.0 to Erskine at BNSF milepost 31.5, a
total distance of approximately 84.6
miles.
The original temporary trackage rights
granted in Soo Line Railroad Company
D/B/A Canadian Pacific Railway—
Temporary Trackage Rights
Exemption—BNSF Railway Company,
STB Finance Docket No. 34705 (STB
served June 10, 2005), covered the same
line, but are due to expire on July 31,
2005. The purpose of this transaction is
to modify the temporary trackage rights
exempted in STB Finance Docket No.
34705 to extend the expiration date
from July 31, 2005, to August 31, 2005,
because of delayed start-up of the
maintenance project due to high water
conditions.
The transaction is scheduled to be
consummated on July 31, 2005. The
modified temporary trackage rights will
permit CPR to continue to bridge its
train service while the main lines of its
affiliated shortline railroad are out of
service due to certain programmed
track, roadbed and structural
maintenance.
As a condition to this exemption, any
employees affected by the acquisition of
the temporary trackage rights will be
protected by the conditions imposed in
Norfolk and Western Ry. Co.—Trackage
Rights—BN, 354 I.C.C. 605 (1978), as
modified in Mendocino Coast Ry., Inc.—
Lease and Operate, 360 I.C.C. 653
(1980), and any employees affected by
the discontinuance of those trackage
rights will be protected by the
conditions set out in Oregon Short Line
R. Co.—Abandonment—Goshen, 360
I.C.C. 91 (1979).
This notice is filed under 49 CFR
1180.2(d)(8). If it contains false or
misleading information, the exemption
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is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34705 (Sub-No. 1), must be
filed with the Surface Transportation
Board, 1925 K Street, NW., Washington,
DC 20423–0001. In addition, a copy of
each pleading must be served on Thanh
G. Bui, 150 South Fifth Street, Suite
2300, Minneapolis, MN 55402.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: July 25, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–15008 Filed 7–28–05; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
43945
If the notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34716, must be filed with
the Surface Transportation Board, 1925
K Street, NW., Washington, DC 20423–
0001. In addition, one copy of each
pleading must be served on Ronald A.
Lane, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 920, Chicago, IL
60606–2832.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: July 22, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–15009 Filed 7–28–05; 8:45 am]
BILLING CODE 4915–01–P
Surface Transportation Board
[STB Finance Docket No. 34716]
R.J. Corman Railroad Company/
Bardstown Line, d/b/a R.J. Corman
Railroad Company/WV Lines—Lease
and Operation Exemption—Line of R.J.
Corman Railroad Property, LLC
R.J. Corman Railroad Company/
Bardstown Line, d/b/a R.J. Corman
Railroad Company/WV Lines (RJCV), a
Class III rail carrier,1 has filed a verified
notice of exemption under 49 CFR
1150.41 to lease from R.J. Corman
Railroad Property, LLC (Railroad
Property) and operate a line of railroad
(the Loup Creek Branch) extending from
milepost 0.0 at Thurmond, WV, to
milepost 12.0 at Mt. Hope, WV, a
distance of approximately 12 miles.
This transaction is related to STB
Finance Docket No. 34715, R.J. Corman
Railroad Property, LLC—Acquisition
Exemption—Line of The Railroad Co.
and The WV Southern Railway Co., in
which Railroad Property seeks to
acquire the Loup Creek Branch.
RJCV certifies that the projected
annual revenues as a result of this
transaction will not result in the
creation of a Class II or Class I rail
carrier, and further certifies that its
projected annual revenues will not
exceed $5 million.
The transaction was scheduled to be
consummated on July 8, 2005.
1 RJCV is controlled by Richard J. Corman, who
also controls eight other Class III rail carriers in the
eastern United States.
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34715]
R.J. Corman Railroad Property, LLC—
Acquisition Exemption—Line of The
Railroad Co. and The WV Southern
Railway Co.
R.J. Corman Railroad Property, LLC
(Railroad Property),1 a Class III rail
carrier, has filed a verified notice of
exemption under 49 CFR 1150.41 to
acquire from The Railroad Co. (RRC)
and The WV Southern Railway Co.
(WVSR), a line of railroad (the Loup
Creek Branch) extending from milepost
0.0 at Thurmond, WV, to milepost 12.0
at Mt. Hope, WV, a distance of
approximately 12 miles. The Loup
Creek Branch is currently owned by
RRC and operated by WVSR, a wholly
owned subsidiary of RRC.2
1 Railroad Property is a member of the R.J.
Corman family of nine Class III railroads. Railroad
Property was formerly known as R.J. Corman
Equipment Company, LLC. The name of that entity
was formally changed to R.J. Corman Railroad
Property, LLC, and its non-rail assets were
transferred to a new noncarrier entity named R.J.
Corman Equipment Company. As a result, the new
‘‘Equipment Company’’ does not own any railroad
assets, and Railroad Property holds the railroad
assets and bears the residual common carrier
obligations of the ‘‘old’’ R.J. Corman Equipment
Company, LLC.
2 According to Railroad Property, it has reached
an agreement with RRC, WVSR and CSX
Transportation, Inc. (CSXT), the former owner of
the Loup Creek Branch, for transfer of the Loup
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]]>Agencies
[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Notices]
[Pages 43942-43945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14923]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34421]
HolRail LLC--Construction and Operation Exemption--in Orangeburg
and Dorchester Counties, SC
AGENCY: Surface Transportation Board, Transportation.
ACTION: Notice of intent to prepare an Environmental Impact Statement;
notice of initiation of the scoping process; notice of availability of
draft Scope of Study for the Environmental Impact Statement and request
for comments.
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SUMMARY: On November 13, 2003, HolRail LLC (HolRail) filed a petition
with the Surface Transportation Board (the Board or STB) pursuant to 49
U.S.C. 10502 for authority to construct and operate a rail line in
Orangeburg and Dorchester counties, South Carolina (SC). The proposed
project would involve the construction and operation of approximately
two miles of new rail line from the existing cement production factory
owned by HolRail's parent company, Holcim (US) Inc. (Holcim), located
near Holly Hill in Orangeburg County, to the terminus of an existing
rail line of the Norfolk Southern Railway Company (NSR), located to the
south near Giant in Dorchester County.
Because the effects of the proposed project on the quality of the
human environment are likely to be controversial, the Board's Section
of Environmental Analysis (SEA) has determined that the preparation of
an Environmental Impact Statement (EIS) is appropriate. The purpose of
this Notice is to advise those individuals interested in or affected by
the proposed project as well as agencies with special expertise or
jurisdiction by law, of SEA's decision to prepare an EIS and to
initiate the formal scoping process. This Notice also announces the
availability of a draft Scope of Study and requests comments on the
draft Scope of Study.
DATES: Comments are due by August 31, 2005.
Submitting Environmental Comments: If you wish to submit written
comments regarding the attached proposed draft Scope of Study, please
send an original and two copies to the Surface Transportation Board,
Case Control Unit, 1925 K Street, NW., Washington, DC 20423-0001, to
the attention of David Navecky. Environmental comments may also be
filed electronically on the Board's Web site, https://www.stb.dot.gov,
by clicking on the ``E-FILING'' link. Please refer to
[[Page 43943]]
STB Finance Docket No. 34421 in all correspondence, including e-
filings, addressed to the Board.
FOR FURTHER INFORMATION CONTACT: Mr. David Navecky, Section of
Environmental Analysis, Surface Transportation Board, 1925 K Street,
NW., Washington, DC 20423-0001, or (202) 565-1593, or
naveckyd@stb.dot.gov. Assistance for the hearing impaired is available
through the Federal Information Relay Service (FIRS) at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: Background: By petition filed on November
13, 2003, HolRail seeks an exemption from the Board under 49 U.S.C.
10502 from the prior approval requirements of 49 U.S.C. 10901 for
authority to construct and operate a rail line in Orangeburg and
Dorchester counties, SC approximately 40 miles northwest of Charleston
and 60 miles southeast of Columbia.
The new rail line would establish alternative rail service at the
Holly Hill facility which is presently served only by CSX
Transportation, Inc. (CSX). Holcim recently completed an expansion of
the Holly Hill plant and has determined that alternative rail access is
necessary to achieve the full benefits of the expanded production
capacity. HolRail would arrange for a third-party operator to provide
rail service, and would employ a contractor to provide maintenance
service for the line, or engage the third-party operator to perform
this service.
Pursuant to the Board's responsibilities under the National
Environmental Policy Act (NEPA), SEA has begun the environmental review
of HolRail's proposal by consulting with appropriate Federal, State,
and local agencies, as well as HolRail, and conducting technical
surveys and analyses. SEA has also consulted with the South Carolina
State Historic Preservation Office (SHPO) in accordance with the
regulations implementing section 106 of the National Historic
Preservation Act (NHPA) at 36 CFR part 800 and identified appropriate
consulting parties to the section 106 process.
Based on the nature and content of the public and agency comments
received, SEA has determined that the effects of the proposed project
on the quality of the human environment are likely to be controversial,
and that thus, preparation of an EIS is appropriate. At this point in
the environmental review process, SEA intends to analyze the potential
environmental impacts of the proposed route, the no-action or no-build
alternative (i.e., continuing to use of the CSX line), and at least one
alternative route. SEA welcomes comments on these or additional
alternatives.
Environmental Review Process: The NEPA process is intended to
assist the Board and the public in identifying and assessing the
potential environmental consequences of a proposed action before a
decision on the proposed action is made. SEA is responsible for
ensuring that the Board complies with NEPA and related environmental
statutes. The first stage of the EIS process is scoping. Scoping is an
open process for determining the scope of environmental issues to be
addressed in the EIS. SEA has developed a draft Scope of Study for the
EIS for public review and comment, which incorporates the issues and
concerns raised in the comment letters SEA has received thus far. SEA
is soliciting written comments on this draft Scope of Study. After the
close of the comment period on the draft Scope of Study on August 31,
2005, SEA will review all comments received and then issue a final
Scope of Study for the EIS.
Following the issuance of the final Scope of Study, SEA will
prepare a Draft EIS (DEIS) for the project. The DEIS will address those
environmental issues and concerns identified during the scoping
process. It will also contain SEA's preliminary recommendations for
environmental mitigation measures. Upon its completion, the DEIS will
be made available for public and agency review and comment for at least
45 days. SEA will then prepare a Final EIS (FEIS) that addresses the
comments on the DEIS from the public and agencies. Then, in reaching
its decision in this case, the Board will take into account the DEIS,
the FEIS, and all environmental comments that are received.
Draft Scope of Study for the EIS
Proposed Action and Alternatives
The proposed project would provide alternative rail access to the
Holcim facility, which is currently only served by CSX. The existing
CSX line begins at the terminus of an NSR rail line at Giant, SC,
passes to the immediate west of the Holcim facility, and continues on
to Creston, SC. The proposed action would involve the construction and
operation of an approximately 2-mile rail line that would also begin at
the terminus of the NSR line at Giant, SC and end at the Holcim
facility.
HolRail proposes two potential alignments, both of which are on the
east side of and parallel to the existing CSX line across Four Hole
swamp. Alignment A would involve constructing the new rail line largely
within the existing ROW of the CSX rail line. Alignment B would be
constructed approximately 50 yards east of the CSX ROW, on property
almost entirely owned by Holcim. Either alignment would connect with
NSR to the south on land owned by a neighboring cement facility, over
which HolRail intends to obtain access by easement or other
arrangement.
HolRail intends to construct and own the track, which would be a
part of the common carrier rail network. HolRail would arrange for a
third-party operator to provide rail service. HolRail would also employ
a contractor to provide maintenance service for the line, or engage the
third-party operator to perform this service.
Environmental Impact Analysis
Proposed New Construction
The EIS will document the activities associated with the
construction and operation of the proposed new rail line.
Impact Categories
Impact areas addressed in the EIS will include the effects of the
proposed construction and operation of the new rail line on
transportation and traffic safety, public health and worker health and
safety, water resources, biological resources, air quality, geology and
soils, land use, environmental justice, noise, vibration, recreation
and visual resources, cultural resources, and socioeconomics. The EIS
will include a discussion of each of these categories as they currently
exist in the project area and will address the potential impacts from
the proposed project on each category, as described below:
1. Transportation and Traffic Safety
The EIS will:
a. Describe the potential impacts of the proposed new rail line
construction and operation on the existing transportation network in
the project area.
b. Describe the potential for train derailments or accidents from
proposed rail operations.
c. Describe potential pipeline safety issues at rail/pipeline
crossings, as appropriate.
d. Propose mitigative measures to minimize or eliminate potential
project impacts to transportation and traffic safety, as appropriate.
2. Public Health and Worker Health and Safety
The EIS will:
a. Describe potential public health impacts from the proposed new
rail line construction and operation.
[[Page 43944]]
b. Describe potential impacts to worker health and safety from the
proposed new rail line construction and operation.
c. Propose mitigative measures to minimize or eliminate potential
project impacts to public health and worker health and safety, as
appropriate.
3. Water Resources
The EIS will:
a. Describe the existing groundwater resources within the project
area, such as aquifers and springs, and the potential impacts on these
resources resulting from construction and operation of the proposed new
rail line.
b. Describe the existing surface water resources within the project
area, including watersheds, streams, rivers, and creeks, and the
potential impacts on these resources resulting from construction and
operation of the proposed new rail line.
c. Describe existing wetlands in the project area and the potential
impacts on these resources resulting from construction and operation of
the proposed new rail line.
d. Describe the permitting requirements that are appropriate for
the proposed new rail line construction and operation regarding
wetlands, stream crossings (including floodplains), water quality, and
erosion control.
e. Propose mitigative measures to minimize or eliminate potential
project impacts to water resources, as appropriate.
4. Biological Resources
The EIS will:
a. Describe the existing biological resources within the project
area, including vegetative communities, wildlife and fisheries, and
Federal and State threatened or endangered species and the potential
impacts to these resources resulting from the proposed new rail line
construction and operation.
b. Propose mitigative measures to minimize or eliminate potential
project impacts to biological resources, as appropriate.
5. Air Quality Impacts
The EIS will:
a. Describe the potential air quality impacts resulting from the
proposed new rail line construction and operation.
b. Propose mitigative measures to minimize or eliminate potential
project impacts to air quality, as appropriate.
6. Geology and Soils
The EIS will:
a. Describe the native soils and geology of the proposed project
area.
b. Describe the potential impacts to soils and geologic features
from the proposed new rail line construction and operation.
c. Propose mitigative measures to minimize or eliminate potential
project impacts on soils and geologic features, as appropriate.
7. Land Use
The EIS will:
a. Describe existing land use patterns within the project area and
identify those land uses that would be potentially impacted by the
proposed new rail line construction and operation.
b. Describe the potential impacts associated with the proposed new
rail line construction and operation to land uses identified within the
project area.
c. Propose mitigative measures to minimize or eliminate potential
project impacts to land use, as appropriate.
8. Environmental Justice
The EIS will:
a. Describe the demographics of the communities potentially
impacted by the construction and operation of the proposed new rail
line.
b. Evaluate whether new rail line construction or operation would
have a disproportionately high adverse impact on any minority or low-
income group.
c. Propose mitigative measures to minimize or eliminate potential
project impacts on environmental justice communities of concern, as
appropriate.
9. Noise
The EIS will:
a. Describe the existing noise environment of the project area and
potential noise impacts from the proposed new rail line construction
and operation.
b. Propose mitigative measures to minimize or eliminate potential
project impacts to noise receptors, as appropriate.
10. Vibration
The EIS will:
a. Describe the potential vibration impacts from the proposed new
rail line construction and operation.
b. Propose mitigative measures to minimize or eliminate potential
project impacts from vibration, as appropriate.
11. Recreation and Visual Resources
The EIS will:
a. Describe existing recreation and visual resources in the
proposed project area and potential impacts to recreation and visual
resources from construction and operation of the proposed new rail
line.
b. Propose mitigative measures to minimize or eliminate potential
project impacts to recreation and visual resources, as appropriate.
12. Cultural Resources
The EIS will:
a. Describe the cultural resources in the area of the proposed
project and potential impacts to cultural resources from the proposed
new rail line construction and operation.
b. Describe the NHPA Section 106 process for the proposed project,
and propose mitigative measures to minimize or eliminate potential
project impacts to cultural resources, as appropriate.
13. Socioeconomics
The EIS will:
a. Describe the demographic characteristics of the project area.
b. Describe the potential environmental impacts to employment and
the local economy as a result of the proposed new rail line
construction and operation.
c. Propose mitigative measures to minimize or eliminate potential
project adverse impacts to socioeconomic resources, as appropriate.
14. Cumulative and Indirect Impacts
The EIS will:
a. Address any identified potential cumulative impacts of the
proposed new rail line construction and operation, as appropriate.
Cumulative impacts are the impacts on the environment which result from
the incremental impact of the action when added to other past, present,
and reasonably foreseeable future actions regardless of what agency
(Federal or non-Federal) or person undertakes such actions.
b. Address any identified potential indirect impacts of the
proposed new rail line construction and operation, as appropriate.
Indirect impacts are impacts that are caused by the action and are
later in time or farther removed in distance, but are still reasonably
foreseeable.
Decided: July 21, 2005.
By the Board, Victoria Rutson, Chief, Section of Environmental
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 05-14923 Filed 7-28-05; 8:45 am]
BILLING CODE 4915-00-P
