Notice2024-07255
Savage Tooele Railroad Company-Construction and Operation Exemption-Line of Railroad in Tooele County, Utah
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 5, 2024
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 67 (Friday, April 5, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 24079-24084]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07255]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36616]
Savage Tooele Railroad Company--Construction and Operation
Exemption--Line of Railroad in Tooele County, Utah
On June 30, 2022, Savage Tooele Railroad Company (STR),\1\ a
noncarrier, filed a petition for exemption under 49 U.S.C. 10502 from
the prior approval requirements of 49 U.S.C. 10901 to construct and
operate approximately 11 miles of rail line in Tooele County, Utah (the
Line), connecting the Union Pacific Railroad Company (UP) Shafter
Subdivision mainline at approximately milepost 897.94 near Burmester,
Utah, to the new Lakeview Business Park in Grantsville, Utah (the
Park). STR explains that the Line would reestablish the former Warner
Branch connection to UP's Shafter Subdivision at Burmester, Utah, and
that STR would provide common carrier service over the Line to enable
tenants of the industrial park to ship and receive commodities and
other products by rail. STR asked the Board to issue a preliminary
decision addressing the transportation merits of the Line while the
environmental review process was underway.
---------------------------------------------------------------------------
\1\ STR is a wholly owned subsidiary of Savage Enterprises, LLC,
and both are subsidiaries of Savage Companies. (Pet. 3.)
---------------------------------------------------------------------------
In a decision served on August 24, 2022, the Board instituted a
proceeding under 49 U.S.C. 10502(b) and sought clarification on the
plans for the right-of-way and track located between milepost 0.0 and
milepost 1.04. Savage Tooele R.R.--Const. & Operation Exemption--Line
of R.R. in Tooele Cnty., Utah, FD 36616, slip op. at 2 (STB served Aug.
24, 2022). Later, in a decision served on March 30, 2023, the Board
denied STR's request for the Board to preliminarily address the
transportation merits of the proposed Line prior to the completion of
the environmental review process. See Savage Tooele R.R., FD 36616 (STB
served Mar. 30, 2023) (with Board Members Fuchs and Schultz
dissenting). The Board concluded that STR had not shown any ``unique or
compelling circumstances'' to justify a conditional grant. Id. at 2-3.
No comments opposing the transportation merits of STR's petition were
filed.
The Board's Office of Environmental Analysis (OEA) issued a Draft
Environmental Assessment (Draft EA) on September 29, 2023, analyzing
the potential environmental impacts of the Line and requesting public
comments, as required by the National Environmental Policy Act (NEPA),
42 U.S.C. 4321-4370m-11. A Final Environmental Assessment (Final EA)
containing additional environmental analysis and responding to the
comments received on the Draft EA was issued on March 1, 2024. The
Final EA recommends environmental conditions, including voluntary
mitigation measures proposed by STR and mitigation developed by OEA, to
avoid, minimize, or mitigate the potential environmental impacts of the
proposed construction and operation of the Line.
After considering both the rail transportation merits and the
potential environmental impacts, the Board will grant STR's petition
for exemption, authorizing STR to construct and operate over the Line,
subject to the environmental mitigation measures set forth in the Final
EA (attached as Appendix A).
Background
According to STR, the Line would extend from the Park to an
approximately 1.04-mile segment of track owned by UP connecting to UP's
Shafter Subdivision at Burmester, Utah.\2\ (Pet. 4-5; STR Supp. 1-2,
Sept. 20, 2022.) The Line comprises a portion of the former Warner
Branch, which was owned and operated by UP's predecessor, Western
Pacific Railroad Company (WP). (Pet. 4.) WP sought and received
authority to abandon the Warner Branch in 1983. (Id. (citing W. Pac.
R.R.--Aban. Exemption--in Tooele Cnty., Utah, FD 30208 (ICC served Aug.
9, 1983); see also id. at 2 n.1 (representing that due diligence by UP
and STR indicated that the railroad line ``had been formally abandoned
by . . . 1983'').) STR then acquired UP's rights and interests in the
right-of-way and track between milepost 1.04 and milepost 6.94. (Id.)
STR notes that the right-of-way and track of the Warner Branch have
remained largely intact; however, in 2004 and 2015, UP deeded two
parcels of the right-of-way--approximately 0.54 miles--to adjacent
landowners. (Id. at 5.) STR states that these parcels will need to be
reacquired
[[Page 24080]]
and the track reconstructed, along with two at-grade rail crossings at
State Highway 138 and Erda Way. (Id.) STR states that it plans to
construct approximately five miles of new track extending the former
Warner Branch into the Park, along with interchange and ancillary track
within the Park, as well as approximately 2,500 feet of new interchange
and ancillary track within the right-of-way near milepost 1.04. (Id. at
5-6.)
---------------------------------------------------------------------------
\2\ UP recently received an exemption from the Board to
reinstitute common carrier service and operate over the 1.04-mile
segment. See Union Pac. R.R.--Operation Exemption--in Tooele Cnty.,
Utah, FD 36741 (STB served Feb. 13, 2024).
---------------------------------------------------------------------------
STR argues that construction and operation of the Line would
provide common carrier freight service to and from the 1,700-acre Park
through interchange with UP, thus providing tenant shippers with
greater mode optionality, lower total emissions due to fewer truck
movements, reduced overall truck traffic, improved road longevity, and
greater business diversity within the Park itself. (Id. at 3-6; STR
Supp. 1-2, Sept. 20, 2022.) The Board has received separate letters
supporting STR's petition from the State of Utah and the Utah
Department of Transportation, the World Trade Center Utah, Congressman
John Curtis, and Congressman Chris Stewart. (See State of Utah Ltr.,
July 20, 2022; Utah Dep't of Transp. Ltr., July 15, 2022; World Trade
Center Utah Ltr., July 15, 2022; Curtis Ltr., July 18, 2022; Stewart
Ltr. July 27, 2022.) Following issuance of the Draft EA, the Board
received a letter in support of the project, jointly signed by Utah
Congressmen Burgess Owens, Blake D. Moore, and John Curtis. (See Owens,
Moore, Curtis Ltr., Oct. 24, 2023.)
On February 27, 2024, STR's counsel filed a letter asking the Board
issue a final decision on the merits of the petition no later than
April 3, 2024. (See STR Ltr., Feb. 27, 2024.)
Discussion
Rail Transportation Policy Analysis. The construction and operation
of new railroad lines requires prior Board authorization, either
through a certificate under 49 U.S.C. 10901 or--as requested here--an
exemption under 49 U.S.C. 10502 from the prior approval requirements of
section 10901. Section 10901(c) directs the Board to grant rail
construction proposals unless it finds the proposal ``inconsistent with
the public convenience and necessity.'' See Alaska R.R.--Constr. &
Operation Exemption--A Rail Line Extension to Port MacKenzie, Alaska,
FD 35095, slip op. at 5 (STB served Nov. 21, 2011) (addressing the
Board's construction exemption process), aff'd sub nom. Alaska Survival
v. STB, 705 F.3d 1073 (9th Cir. 2013).
Under section 10502(a), the Board shall, to the maximum extent
permissible, exempt a proposal to construct and operate a new rail line
from the prior approval requirements of section 10901 when the Board
finds that: (1) application of those procedures is not necessary to
carry out the rail transportation policy (RTP) of 49 U.S.C. 10101; and
(2) either (A) the proposal is of limited scope, or (B) the full
application procedures are not necessary to protect shippers from an
abuse of market power.
Based on the record, the proposed construction and operation--which
was unopposed on the transportation merits--qualifies for an exemption
under section 10502 from the formal application procedures of section
10901. The record shows that the Line, if constructed, would provide a
rail transportation option to shippers and promote business diversity
within the Park, as well as provide ``greater mode optionality for
business park tenants, lower total emissions due to fewer truck
movements, reduced overall truck traffic, and improved road longevity
due to less wear and tear from trucks.'' (Pet. 3-4.) There is currently
no rail service at the Park, forcing the shippers to use trucks for
their transportation needs and limiting the Park's appeal to new
businesses. (Id. at 3.) Moreover, no issues about the Line's current or
future financial viability have been raised.
For all of these reasons, construction and operation of the Line
clearly supports the RTP. By providing the Park's shippers with a
freight rail option that does not currently exist, the Line would
enhance the development and continuation of a sound rail transportation
system with effective competition and coordination between rail
carriers and other transportation modes, to meet the needs of the
public. 49 U.S.C. 10101(4), (5). Introducing a new, competitive option
to the truck-served park would also facilitate competition and the
demand for service to establish reasonable rates for rail
transportation. 49 U.S.C. 10101(1). Also, by supporting truck-to-rail
diversions, the Line would increase overall energy efficiency, thereby
encouraging and promoting energy conservations. 49 U.S.C. 10101(14).
And as explained further below, because there would be no or de minimis
environmental impacts with the final environmental mitigation
recommended by OEA, exempting the proposed construction and operation
would be consistent with 49 U.S.C. 10101(8). In addition, by exempting
the proposed construction and operation from the requirements of
section 10901, the Board would promote the RTP by minimizing the need
for Federal regulatory control over the rail transportation system,
reducing regulatory barriers to entry, and providing for the
expeditious handling and resolution of regulatory proceedings. 49
U.S.C. 10101(1), (2), (15).
Consideration of the proposed construction and operation of the
Line under section 10901 also is not necessary to protect shippers from
an abuse of market power.\3\ As explained, the Line would enhance
competition by providing rail service where it does not currently
exist, thereby creating an alternative mode of transportation for
current and future shippers at the Park.
---------------------------------------------------------------------------
\3\ Given this finding regarding the lack of need for shipper
protection, the Board need not determine whether the transaction is
limited in scope. 49 U.S.C. 10502(a)(2).
---------------------------------------------------------------------------
Environmental Analysis. NEPA requires Federal agencies to examine
the environmental impacts of proposed Federal actions and to inform the
public concerning those effects. See Balt. Gas & Elec. Co. v. Nat. Res.
Def. Council, 462 U.S. 87, 97 (1983). Under NEPA and related
environmental laws, the Board must consider significant potential
beneficial and adverse environmental impacts in deciding whether to
authorize the construction and operation of a new rail line as
proposed, deny the proposal, or grant it with conditions (including
environmental mitigation conditions). Lone Star R.R.--Track Constr. &
Operation Exemption--in Howard Cnty., Tex., FD 35874, slip op, at 4
(STB served Mar. 3, 2016). While NEPA prescribes the process that must
be followed, it does not mandate a particular result. See Robertson v.
Methow Valley Citizens Council, 490 U.S. 332, 350 (1989). Once the
adverse environmental effects have been adequately identified and
evaluated, the Board may conclude that other values outweigh the
environmental costs. Id. at 350-51.
There has been a thorough environmental and historic review in this
case. The Draft EA considered both STR's proposed action and the no-
action alternative. The Draft EA explained that because the Line would
be built on existing rail right-of-way, there would be fewer
environmental impacts than would be the case with construction on an
entirely new right-of-way. (Draft EA S-3.) The Draft EA concluded that
STR's proposed action would have no or de minimis impacts in several
environmental resource areas, including air quality, energy, land use,
and historic resources. For resource areas that have the potential to
be impacted,
[[Page 24081]]
including noise and grade crossing safety and delay, OEA proposed
preliminary mitigation, including both voluntary mitigation and
mitigation developed by OEA, to minimize those impacts. (Id. at S-5 to
S-10.) The Draft EA also explained that an Environmental Impact
Statement (EIS) is unnecessary and that an EA is the appropriate level
of environmental documentation for this case. (Id. at 1-6.)
OEA received 21 comments on the Draft EA. (See Final EA App. I.)
The Final EA, issued on March 1, 2024, responded to all comments
received on the Draft EA. (Id. at S-6.) In response to comments arguing
that environmental impacts from development of the Park should be
treated as indirect impacts from construction of the Line, the Final EA
explained that the Park already exists, is operating and serving
shippers by truck, and that local jurisdictions have been supporting
the Park and other industrial development projects in the area
regardless of whether the Line is built. (See, e.g., Final EA 3-74 to
3-76; id., App. I at S-18.; see also Final EA 3-77 (explaining that
impacts from development of an inland port located adjacent to the
northern end of the Line would not be indirect impacts from the Line
because, among other things, STR ``does not plan to serve the inland
port development or any new or existing businesses outside the
[Park]'').) In these circumstances, the Final EA considered reasonably
foreseeable impacts from the Park and certain other projects located
near the Line within its cumulative impacts analysis, and not as
indirect impacts. (Final EA at 3-79.) The Final EA also recommended
that any final decision by the Board authorizing the construction and
operation of the Line be subject to the environmental mitigation
conditions in the Final EA. (Id.)
The Board will adopt the analysis and conclusions made by OEA in
both the Draft EA and Final EA, including OEA's final recommended
environmental mitigation measures. (See id. at 4-1 to 4-12.) The Board
is satisfied that OEA has taken the requisite hard look at the
potential environmental impacts associated with the proposed
construction and operation of the Line and properly determined that
with the recommended environmental mitigation in the Final EA, the
proposed Line will not have potentially significant environmental
impacts, and that preparation of an EIS is unnecessary.
Conclusion
Construction and operation of the Line will give shippers a new
freight rail option, which will support business diversification within
the Park and more competitive transportation rates. With OEA's final
recommended mitigation, there will be no potential for significant
environmental impacts; indeed, the Line will facilitate the diversion
of traffic from truck to rail, thereby increasing overall energy
efficiency and reducing emissions from trucks. After carefully
considering the transportation merits and environmental issues, the
Board, considering the entire record, finds that the petition for
exemption to allow STR's construction and operation of the
approximately 11-mile line of railroad in Tooele County assessed in the
Draft and Final EAs should be granted, subject to compliance with the
environmental mitigation measures in Appendix A.
It is ordered:
1. Under 49 U.S.C. 10502, the Board exempts STR's construction and
operation of the Line from the prior approval requirements of 49 U.S.C.
10901.
2. The Board adopts the environmental mitigation measures set forth
in appendix A to this decision and imposes them as conditions to the
exemption granted here.
3. Notice will be published in the Federal Register.
4. Petitions for reconsideration must be filed by April 22, 2024.
5. This decision is effective May 1, 2024.
Decided: April 1, 2024.
By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and
Schultz. Board Member Schultz, joined by Board Member Fuchs,
dissented in part with a separate expression.
Board Member Schultz, With Whom Board Member Fuchs Joins, Dissenting in
Part
I join the majority's decision except for the last mitigation
measure. In response to EPA's environmental comments, OEA proposed, and
the Board now adopts, language stating that STR's climate change plan
``shall use'' certain CEQ guidance to achieve objectives in an
executive order. I would not include that requirement as it is drafted.
For one, it is vague in what it requires. Moreover, relatedly, and more
importantly, its impacts are uncertain. I do not know whether guidance
designed for Federal agencies should be wholesale applied to
businesses; whether that guidance could be better tailored to the
specifics of this particular project; or whether STR has the
information that would be necessary to implement that guidance
effectively. Absent more detail and more information about likely
compliance strategies, including both their effectiveness and burden, I
would not impose the condition in its current form.
Kenyatta Clay,
Clearance Clerk.
Appendix A
General Mitigation Measures
STR's Voluntary Mitigation Measures
VM-General-01. STR will follow all applicable Federal
Occupational Safety and Health Administration, Federal Railroad
Administration, and operational safety regulations to minimize the
potential for accidents and incidents during project-related
construction and operation.
VM-General-02. STR's contractors(s) will limit ground
disturbance to only the areas necessary for project-related
construction.
VM-General-03. STR's contractor(s) will stockpile excavated soil
in areas away from environmentally or culturally sensitive areas and
will use appropriate erosion control measures to prevent or contain
erosion.
VM-General-04. STR's contractors(s) will perform finish grading
and surface disturbed areas with appropriate best management
practices, where practical and in consultation with the City of Erda
when construction is completed.
VM-General-05. Prior to project-related construction, STR will
secure agreements with utility owners to establish responsibility
for protecting or relocating existing utilities, if impacted by
construction.
VM-General-06. STR will appoint a liaison to consult with
communities, businesses, agencies, tribal governments, educational
institutions, and nonprofit organizations to provide general project
information, progress on construction, information on rail
operations and safety as needed and will seek to develop cooperative
solutions to local concerns regarding project-related construction.
VM-General-07. STR and its contractor(s) will consult with
appropriate adjacent landowners for coordination of construction
schedules and temporary access during project- related construction.
VM-General-08. STR will install construction warning and detour
signs throughout the corridor and at recreation sites around the
project area as needed.
VM-General-09. During project-related construction activities,
STR and its contractors will comply with speed limits and applicable
laws and regulations when operating vehicles and equipment on public
roadways.
VM-General-10. STR will design and construct any new temporary
or permanent access roads and road realignments to comply with the
reasonable requirements of the UDOT Roadway Design Manual (UDOT
2020), other applicable road construction guidance (e.g., county
road right-of-way encroachment standards), and agency or landowner
requirements regarding the establishment of safe roadway conditions.
OEA's Final Recommended Mitigation
MM-General-01. If there is a material change in the facts or
circumstances upon
[[Page 24082]]
which the Board relied in imposing specific environmental mitigation
conditions, and upon petition by any party who demonstrates such
material change, the Board shall consider revising its final
mitigation, if warranted and appropriate.
Noise
STR's Voluntary Mitigation Measures
VM-Noise-01. STR will comply with Federal Railroad
Administration regulations (49 CFR part 210) establishing decibel
limits for train operation.
VM-Noise-02. STR will work with its contractor(s) to make sure
that project-related construction and maintenance vehicles are
maintained in good working order, with properly functioning mufflers
to control noise.
VM-Noise-03. Prior to commencing construction activities STR
will confer with the City of Erda, UDOT, and Tooele County about the
establishment of Quiet Zones at Route 138 and Erda Way and will
assist the City of Erda and Tooele County in identifying appropriate
supplemental or alternative safety measures, practical operational
methods, or technologies that lead to the establishment of Quiet
Zones at those locations, in accordance with FRA's rules and
procedures.
VM-Noise-04. During project-related construction, STR's daily
construction schedule will adhere to time restrictions that limit
construction noise prior to 7:00 a.m. or after 5:00 p.m. to the
maximum extent practicable, with the exception of road crossing
construction, which may occur on a 24/7 schedule to lessen traffic
interruptions.
VM-Noise-05. Prior to project-related construction outside of
local time restrictions within the city limits of the City of Erda,
STR will consult with and comply with the reasonable requirements of
the City of Erda for a special use permit to allow nighttime
construction.
OEA's Final Recommended Mitigation
MM-Noise-01. STR shall employ reasonable and feasible noise
mitigation, such as building sound insulation where OEA identified
one receptor (receptor #6) that would experience noise impacts at or
greater than the regulatory analytical threshold of 65 day-night
average sound level (DNL)/+3 A-weighted decibels (dBA). STR shall
implement the following in developing the building sound insulation:
<bullet> Using industry standard loudspeaker testing, the
existing building sound insulation performance shall be determined
in accordance with ASTM 966-90, Standard Guide for Field
Measurements of Airborne Sound Insulation of Building Facades and
Fa[ccedil]ade Elements.
<bullet> The design goal for the sound insulation shall be a 10
dBA noise reduction. The calculated Noise Level Reduction (NLR)
improvement shall be at least 5 dBA. If the calculated NLR
associated with acoustical replacement windows and doors is less
than 5 dBA then no additional mitigation shall be required since the
improvement would be minor and likely not noticeable. The overall
goal of the required sound insulation analysis is to demonstrate
that interior noise levels (with the Proposed Action) at receptor #6
would be 45 DNL or lower, and to implement sound insulation to
result in an NLR improvement of 5 dBA or more, where feasible and
reasonable based on the characteristics of the property.
MM-Noise-02. Because the modeled noise contour also comes close
to adversely affecting several other receptors, STR shall measure
train horn and wayside noise levels from actual train operations to
verify the modeled noise contour location used in this Draft EA
within one month of train operations reaching one roundtrip per day.
STR shall take enough measurements of the actual train horn and
wayside noise levels to demonstrate that Sound Exposure Level (SEL)
values achieve a 90 percent confidence interval of 3 dBA or less. If
the average measured SEL value is greater than the assumed 110 dBA
for horn noise (measured at 100 feet), STR shall calculate the
actual 65 DNL contour using the methodology in this Draft EA and
comply with the mitigation in MM-Noise-01 for any newly affected
receptors.
MM-Noise-03. STR shall maintain rail and rail beds according to
American Railway Engineering and Maintenance-of-Way Association
(AREMA) standards.
MM-Noise-04. STR shall consider lubricating curves, where doing
so would both be consistent with safe and efficient operating
practices and significantly reduce noise for residential or other
noise sensitive receptors.
MM-Noise-05. STR shall employ safe and efficient operating
procedures that, in lieu of or as a complement to other noise
mitigation measures, can have the collateral benefit of effectively
reducing noise from train operations. Specifically, STR shall
inspect rail car wheels and maintain wheels in good working order to
minimize the development of wheel flats, inspect new and existing
rail for rough surfaces and, where appropriate, grind these surfaces
to provide a smooth rail surface during operations, and regularly
maintain locomotives.
Grade Crossing Safety and Delay
STR's Voluntary Mitigation Measures
VM-Grade Crossing-01. STR will consult with appropriate Federal,
State, and local transportation agencies to determine the final
design of the at-grade crossing warning devices. Warning devices on
public roadways will be subject to review and approval, depending on
location, by the Utah Department of Transportation, City of Erda,
and Tooele County. STR will follow standard safety designs for each
at-grade crossing for proposed warning devices and signs. These
designs will follow the Federal Highway Administration's Manual on
Uniform Traffic Control Devices for Streets and Highways (2022) and
the American Railway Engineering and Maintenance-of-Way
Association's guidelines for railroad warning devices. STR will also
comply with applicable UDOT and local requirements.
VM-Grade Crossing-02. Prior to construction of road crossings,
when reasonably practical, STR and its contractor(s) will consult
with local transportation officials regarding construction phasing
and temporary traffic control. STR's contractor(s) will be
responsible for local agency coordination of construction schedules,
detours, and temporary traffic control, as well as obtainment of
necessary temporary traffic control permits from the City of Erda
and Tooele County. As appropriate, STR's contractor(s) will maintain
egress or traffic routing to allow for passage of emergency and
other vehicles.
VM-Grade Crossing-03. Prior to project-related construction, STR
will consult with UDOT and other appropriate agency(s) to determine
the final details and reasonable signage for private at-grade
crossings along access roads.
VM-Grade Crossing-04. Prior to project-related construction, STR
will consult with UDOT and applicable road authority regarding
roadway safety and user expectations, which includes items such as
pavement markings, signing, delineators, and active warning devices
for vehicles, pedestrians, and bicyclists at proposed at-grade
crossings.
VM-Grade Crossing-05. Prior to and during project-related
construction, in accordance with project plans, specifications, and
permits, STR's contractor(s) will install temporary traffic control,
including pavement markings, signing, and detours, throughout the
project limits and applicable work zones.
VM-Grade Crossing-06. Prior to and during construction and
operation of the project, STR will work with local agencies to
facilitate the development of cooperative agreements with emergency
service providers to share services areas and emergency call
response.
VM-Grade Crossing-07. STR will consult with affected communities
regarding ways to improve visibility at highway-rail at-grade
crossings, including by clearing vegetation or installing lights at
the crossing during construction.
M-Grade Crossing-08. STR will obtain and abide by the reasonable
requirements of applicable permits and approvals for any project-
related construction activities within UDOT rights-of way or State
highways where UDOT has jurisdiction and off-system roads that are
maintained by UDOT.
VM-Grade Crossing-09. For each of the public at-grade crossings
on the proposed rail line, STR will provide and maintain permanent
signs prominently displaying both a toll-free telephone number and a
unique grade-crossing identification number in compliance with
Federal Highway Administration regulations (23 CFR part 655). The
toll-free number will enable drivers to report promptly any
accidents, malfunctioning warning devices, stalled vehicles, or
other dangerous conditions.
VM-Grade Crossing-10. STR will coordinate with Operation
Lifesaver to provide educational programs available to communities,
schools, and other organizations located along the proposed rail
line. Operation Lifesaver is a nationwide, nonprofit organization
that provides public education programs to help prevent collisions,
injuries, and fatalities at highway/rail grade crossings.
[[Page 24083]]
OEA's Final Recommended Mitigation
MM-Grade Crossing-01. STR shall consult with and comply with
reasonable UDOT requirements for creating new rail/roadway crossings
at SR 138 and Erda Way. Specifically, STR shall abide by UDOT's
reasonable requirements for new crossings under Administrative Rule
R930-5, and specifically R930-5-7.6.
MM-Grade Crossing-02. STR shall not block at-grade crossings for
more than 10 minutes at a time, when reasonably practical, unless
mechanical failure, an obstruction on the track, or a similar
emergency condition prevents a train from being moved clear of the
crossing.
MM-Grade Crossing-03. STR shall notify appropriate emergency
services dispatching centers if grade crossings become blocked by
trains that may be unable to move for a prolonged period.
Biological Resources
OEA's Final Recommended Mitigation
MM-Biological-01. STR shall use temporary barricades, fencing,
and/or flagging in habitats to contain construction related impacts
to the area within the construction right-of-way. To the extent
possible, staging areas shall be located in previously disturbed
sites and not in habitat areas.
MM-Biological-02. STR shall limit ground disturbance to only the
areas necessary for construction.
MM-Biological-03. STR shall ensure that all disturbed soils are
landscaped, seeded with a native seed mix, or otherwise permanently
stabilized following project-related construction.
MM-Biological-04. Prior to any project-related construction, STR
shall develop and implement a mitigation plan to address the spread
and control of non-native invasive plants during the construction.
This plan shall address the following: (a) planned seed mixes, (b)
weed prevention and eradication procedures, (c) equipment cleaning
protocols, (d) revegetation methods, and (e) protocols for
monitoring revegetation.
MM-Biological-05. STR shall only use herbicides in right-of-way
maintenance to control vegetation that are approved by EPA and are
applied by trained individuals, following the instructions on the
pesticide label, who will limit application to the extent necessary
for safe rail operations and not use the pesticides near wetlands.
Herbicides shall be applied to prevent or minimize drift off of the
right-of-way into adjacent areas.
MM-Biological-06. STR shall review updated U.S. Fish and
Wildlife Service and Utah species lists prior to the start of
project-related construction to see if any special status species
were added after issuance of the Final EA. If new species are
identified, STR shall notify OEA so that appropriate action can be
taken if warranted.
MM-Biological-07. STR shall clear vegetation in preparation for
construction before or after the breeding bird nesting season to
avoid inadvertent removal of active nests (nesting adults, young, or
eggs) and to ensure compliance with the Migratory Bird Treaty Act.
If clearing is required during nesting season, STR shall consult
with OEA and the local office of the U.S. Fish and Wildlife Service
(USFWS) on appropriate nest survey methods for that area.
Water Resources
STR's Voluntary Mitigation Measures
VM-Water-01. STR's contractor(s) will submit a Notice of Intent
to request permit coverage under Utah Pollutant Discharge
Elimination System (UPDES) Construction General Permit (CGP) or
Common Plan Permit (CPP) for construction stormwater management.
VM-Water-02. STR's contractor(s) will submit an application for
coverage under the National Pollutant Discharge Elimination System
stormwater construction permit pursuant to Section 402 of the Clean
Water Act for construction stormwater management.
VM-Water-03. STR will develop a stormwater pollution prevention
plan, which will include construction BMPs to control erosion and
reduce the amount of sediment and pollutants entering surface
waters, groundwater, and waters of the United States. STR will
require its construction contractor(s) to follow all water quality
control conditions identified in all permits that might be required,
including the Section 404 permit from the U.S. Army Corps of
Engineers (Corps) and the Section 401 Water Quality Certification
from the Utah Department of Environmental Quality and the U.S.
Environmental Protection Agency.
VM-Water-04. STR's contractor(s) will construct stream crossings
during low-flow periods, when practical.
OEA's Final Recommended Mitigation
MM-Water-01. STR shall design drainage crossing structures for a
100-year storm event. STR shall design culverts to maintain existing
surface water drainage patterns to the extent practicable and not
cause or exacerbate flooding.
MM-Water-02. STR shall coordinate with the Federal Emergency
Management Agency (FEMA) if construction of the culverts would
result in an unavoidable increase greater than 1 foot to the 100-
year water surface elevations.
MM-Water-03. STR shall obtain a permit if applicable from the
U.S. Army Corps of Engineers under Section 404 of the Clean Water
Act before initiating project-related construction in wetlands and
other jurisdictional waters of the United States. STR shall comply
with all conditions of the Section 404 permit.
MM-Water-04. STR shall minimize impacts to wetlands to the
extent practicable in the final design. After all practicable steps
have been taken to minimize impacts to wetlands, STR shall prepare a
mitigation plan for any remaining wetland impacts in consultation
with the U.S. Army Corps of Engineers, if applicable.
MM-Water-05. STR shall compensate for the loss of any wetlands
through any one, or a combination of, the following purchasing
credits from an authorized wetland mitigation bank, restoring a
previously existing wetland or other aquatic site, enhancing an
existing aquatic site's function, preserving an existing aquatic
site, and/or creating a new aquatic site.
MM-Water-06. STR shall obtain a Section 401 Water Quality
Certification from the Utah Department of Environmental Quality. STR
shall incorporate the conditions of the Section 401 Water Quality
Certification into its construction contract specifications and
shall monitor the project for compliance.
Hazardous Materials
STR's Voluntary Mitigation Measures
VM-HazMat-01. Prior to initiating any project-related
construction, STR's contractor(s) will prepare a hazardous waste
management plan detailing the manner in which hazardous wastes will
be managed and describing the types and volumes of hazardous wastes
anticipated to be managed. There will be no export of hazardous
materials off-site other than used rail ties. The hazardous waste
management plan will address both onsite and offsite hazardous waste
management and include the following: description of the methods to
be used to ensure accurate piece counts or weights of shipments;
waste minimization methods; facilities to be used for treatment,
storage, and disposal; onsite areas designated where hazardous
wastes are to be handled; identify whether transfer facilities are
to be used, and if so, how the wastes will be tracked to ultimate
disposal. Additionally, STR's contractor(s) will document hazardous
waste inspections on a weekly basis.
VM-HazMat-02. In accordance with STR contractor(s)'s hazardous
waste management plan and emergency management plan, and in the
event of a spill over the applicable reportable quantity, each STR's
contractor will comply with its spill prevention, control, and
countermeasures plan and applicable Federal, State, and local
regulations pertaining to spill containment, appropriate clean-up,
and notifications.
VM-HazMat-03. STR will document all activities associated with
hazardous material spill sites and hazardous waste sites and will
notify the appropriate State and local agencies according to
applicable regulations. The goal of the measures is to ensure the
proper handling and disposal of contaminated materials, including
contaminated soil, groundwater, and stormwater, if such materials
are encountered. STR will use disposal methods that comply with
applicable solid and hazardous water regulations.
VM-HazMat-04. STR's contractor(s) will responsibly handle and
store gasoline, diesel fuel, oil, lubricants, and other petroleum
products to reduce the risk of spills contaminating soils or surface
waters. If a petroleum spill occurs in the project limits as a
result of project-related construction, operation, or maintenance
and exceeds specific quantities or enters a waterbody, STR's
contractor(s) will be responsible for promptly cleaning the spill
and notifying responsible agencies in accordance with Federal and
State regulations.
VM-HazMat-05. STR's hazardous materials emergency response plan
will address potential derailments or spills. This plan will address
the requirements of the Pipeline and Hazardous Materials Safety
Administration
[[Page 24084]]
and Federal Railroad Administration requirements for comprehensive
oil spill response plans. STR will distribute the plan to Federal,
State, and local emergency response agencies. This plan will include
a roster of agencies and people to be contacted for specific types
of emergencies during project-related construction, operation and
maintenance activities, procedures to be followed by particular rail
employees, emergency routes for vehicles, and the location of
emergency equipment.
VM-HazMat-06. In the event of a reportable hazardous materials
release, STR will notify appropriate Federal and State environmental
agencies as required under Federal and State law.
VM-HazMat-07. STR will comply with applicable Federal Railroad
Administration, Pipeline and Hazardous Materials Safety
Administration, and Transportation Security Administration
regulations for the safe and secure transportation of hazardous
materials.
OEA's Final Recommended Mitigation
MM-HazMat-01. If STR encounters contamination (or signs of
potential contamination) during construction activities, STR shall
perform a Phase 2 environmental following American Society of
Testing and Materials E1527-05, Standard Practice for Environmental
Site Assessments, in addition to the Phase 1 previously performed by
STR. Should findings of a Phase 2 environmental investigation
identify contamination in soil and/or groundwater, STR shall
coordinate with relevant State agencies on regulatory obligations
and comply with those agencies' reasonable requirements for avoiding
impacts related to soil and/or groundwater contamination.
Cultural Resources
OEA's Final Recommended Mitigation
MM-Cultural-01. STR shall prepare and provide to OEA a
construction monitoring plan no later than 30 days prior to the
start of construction and shall abide by the provisions of the plan,
including any revisions by OEA, during construction activities. The
plan shall address the following:
1. Training procedures to familiarize construction personnel
with the identification and appropriate treatment of historic
properties,
2. Monitoring of construction activities by a qualified
professional archaeologist,
3. Provisions for the unanticipated discovery of archaeological
sites or associated artifacts during construction activities,
including procedures for notifying OEA and the Utah State Historic
Preservation Officer (SHPO) or Tribal Historic Preservation Officer
(THPO), pursuant to 36 CFR 800.13(b) in the event of an
unanticipated discovery; and,
4. Provisions for complying with the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001-3013) and other
applicable Federal, State, and local laws and regulations in the
event of an unanticipated discovery of unmarked human remains during
construction activities.
Air Quality
STR's Voluntary Mitigation Measures
VM-Air-01. In accordance with Utah or local agency dust control
permitting requirements, STR's contractor(s) will implement
appropriate dust control measures to reduce fugitive dust emissions
created during project-related construction. STR will require its
construction contractor(s) to regularly operate water trucks on haul
roads to reduce dust generation.
VM-Air-02. STR will work with its contractor(s) to make sure
that construction equipment is properly maintained, and that
mufflers and other required pollution-control devices are in working
condition in order to limit construction-related air pollutant
emissions.
Climate Change
OEA's Final Recommended Mitigation
MM-Climate-01. STR shall prepare a climate change plan
documenting how the effects of climate change on rail infrastructure
will be considered and addressed by STR in the final engineering
design and construction of the rail line. The plan shall account for
the extreme heat, drought, and wildfires that are anticipated in
this region, which can cause track buckling, warping/melting, and
electrical equipment disruptions. The plan shall also cover
protective health and safety measures for rail personnel exposed to
extreme heat. The plan shall use the Council on Environmental
Quality's National Environmental Policy Act Guidance on
Consideration of Greenhouse Gas Emissions and Climate Change to
achieve the objectives laid out in Executive Order 14008, Tackling
the Climate Crisis at Home and Abroad.
[FR Doc. 2024-07255 Filed 4-4-24; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on April 5, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.