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HomeMy WebLinkAboutC_ERC_rail_removal_authorization_by_STB_and_NEPA_environmental_review_180320_v11 Clark Close From:Marcuse, Andrew <Andrew.Marcuse@kingcounty.gov> Sent:Thursday, July 07, 2016 3:59 PM To:Jacobs, Erica Subject:ERC rail removal authorization by STB and NEPA environmental review -- all three segments of ERC Attachments:STB Decision - AB-6 (Sub-No 464X) - Oct 27 2008.pdf; STB Decision - AB-6 (Sub-No. 463X) - Oct 27, 2008.PDF; STB Decision - AB-6 (Sub-No. 465X) - Nov 28 2008.PDF; STB EA (463X).pdf; STB EA (464X).pdf; STB EA (465X).pdf; STB joint response color map.pdf; BNSF - Notice of Exemption AB-6 (Sub-No 464X).pdf; BNSF petition for exemption AB-6 (Sub-No. 465X) 8-11-2008.pdf; 465X environmental conditions report 6-23-2008 222699.PDF; 463X environmental conditions report 6-24-2008 223263.PDF; STB Decision - AB-6 (Sub-No. 464X) - removing historic preservation cond....pdf; STB Decision AB-6 (Sub-No. 463X) amending Section 106 condition on aband....pdf; 465X STB order lifting 106 compliance requirement 39810.pdf; 463X notice of exemption filing 9-8-2008 223551.PDF Erica, Per our phone conversation just now, here are: · BNSF's abandonment petitions and related environmental and historic conditions reports; · Notices of Interim Trail Use (NITUs) and NEPA environmental assessments (E.A.s) for each of the 3 segments that make up the railbanked portion of the ERC: and · STB decisions for each of the 3 segments that make up the railbanked ERC; and · Later STB decisions lifting some of the historic preservation conditions. 464X is the southern section from Renton to the Wilburton "gap" over I-405; 465X is the section from Wilburton to Woodinville, inclusive; and 463X is the Redmond Spur. See attached map for reference. For present purposes I think you are concerning with the past environmental and historic/archaeological work in 464X and 465X. FYI the STB's regulations specify that rails may be salvaged as soon as 30 days after a NITU is issued, subject to such conditions as the STB may impose. See 49 C.F.R. 1152.29(d), which says (in pertinent part): 2 [T]he Board will issue a Notice of Interim Trail Use or Abandonment (NITU) to the railroad and to the interim trail sponsor for the portion of the right-of-way as to which both parties are willing to negotiate. The NITU will: Permit the railroad to discontinue service, cancel any applicable tariffs, and salvage track and materials, consistent with interim trail use and rail banking, as long as it is consistent with any other Board order, 30 days after the date the NITU is issued[.] --Andy Andrew Marcuse│ Senior Deputy ProsecuAng ABorney King County Prosecuting Attorney's Office│ Civil Division 516 Third Avenue, Suite W400 Seattle, Washington 98104 (206) 477-1120