[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)]
[Notices]
[Pages 42480-42482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21215]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33407]


Dakota, Minnesota & Eastern Railroad Corporation--Construction 
and Operation of New Rail Facilities in Campbell, Converse, Niobrara, 
and Weston Counties, Wyoming; Custer, Fall River, Jackson, and 
Pennington Counties, South Dakota; and Blue Earth, Nicollet, and Steele 
Counties, Minnesota

AGENCIES: Surface Transportation Board; U.S.D.A. Forest Service; 
U.S.D.I. Bureau of Land Management; U.S. Army Corps of Engineers 
(collectively, the ``Agencies'').

ACTION: Amended Notice of Intent to Prepare an Environmental Impact 
Statement (EIS); Extension of Request for Comments on the Draft EIS 
Scope.

-----------------------------------------------------------------------

SUMMARY: On February 20, 1998, the Dakota, Minnesota & Eastern Railroad 
Corporation (DM&E) filed an application with the Surface Transportation 
Board (Board) for authority to construct and operate new rail line 
facilities in east-central Wyoming, southwest South Dakota, and south-
central Minnesota. The project involves approximately 280.9 miles of 
new rail line construction. Additionally, DM&E proposes to rebuild 
approximately 597.8 miles of existing rail line along its current 
system to standards acceptable for operation of unit coal trains. On 
April 28, 1998, DM&E submitted a Special Use Application to the 
U.S.D.A. Forest Service (USFS) for an easement under the Federal Land 
Management Policy Act to build new rail lines across portions of the 
Thunder Basin National Grassland in Wyoming, administered by the 
Medicine Bow-Routt National Forests, and across portions of the Buffalo 
Gap National Grassland, administered by the Nebraska National Forest. 
Because portions of RARE II roadless areas on the Buffalo Gap National 
Grassland could be affected, there is a possibility that the Nebraska 
National Forest Land and Resource Management Plan could be amended in 
the Forest Service Record of Decision. The Northern Great Plains (NGP) 
Management Plan Revision Environmental Impact Statement (EIS) is being 
prepared at this time, which could affect the proposed action. 
Conversely, the proposed action, if approved, could affect the NGP 
Management Plan and a plan amendment may also be necessary. In April, 
1998, DM&E also submitted its application to the U.S.D.I. Bureau of

[[Page 42481]]

Land Management (BLM) for a right-of-way across public lands 
administered by the BLM in Wyoming and South Dakota for the 
construction of new rail lines. Because the BLM is presently preparing 
the Newcastle Resource Management Plan EIS, the proposed action could 
affect this Plan as well or the Plan could have an effect on the 
proposed action. Additionally, the DM&E will submit an application to 
the U.S. Army Corps of Engineers (COE), when appropriate, for a permit 
regarding the proposed dredge and fill activities within the waters of 
the United States, and any other appropriate permit required by the 
COE, relative to the proposed construction of new rail lines or 
reconstruction of existing lines. The U.S. Bureau of Reclamation is 
presently preparing an EIS on the Cheyenne River/Angostura project, 
which could be affected by the proposed action or which could have an 
effect on the proposed action.
    Because the construction and operation of the proposed project has 
the potential to result in significant impacts on the quality of the 
human environment, the Agencies have determined that the preparation of 
an EIS is appropriate. The Board's Section of Environmental Analysis 
(SEA) has previously held agency and public scoping meetings and has 
accepted written public comments as part of the EIS process. However, 
the previous Notice of Intent did not include notification to the 
public that other federal agencies would have decision-making 
authority. Therefore, the purpose of this Amended Notice of Intent is 
to notify persons and agencies interested in or affected by the 
proposed project, of additional USFS, BLM, and COE agency decisions 
that will be triggered by the project, and to seek additional comments 
relating to these agency decisions.

DATES: Additional Public Comment Period: SEA will continue to make 
available to the public a draft scope of the EIS. The Agencies will 
also provide an additional thirty-day period for the public to submit 
written comments on the draft scope. The additional comment period will 
close 30 days after the publication date of this Amended Notice of 
Intent in the Federal Register, which shall be September 8, 1998.

    Please Note: If you have previously submitted comments to SEA 
regarding this project, you are not required to re-submit those 
comments to be considered by the Agencies. However, you may submit 
additional comments if you so desire.

FOR FURTHER INFORMATION CONTACT: Victoria Rutson, Project Manager, 
Surface Transportation Board, Powder River Basin Expansion Project, 1-
877-404-3044; U.S.D.A. Forest Service, Wendy Schmitzer (307) 358-4690; 
U.S.D.I. Bureau of Land Management, Bill Carson, (307) 746-4453; U.S. 
Army Corps of Engineers, Patsy Freeman, (402) 221-3803 or Jerry Folkers 
(402) 221-4173.

SUPPLEMENTARY INFORMATION:

Background

    The proposed rail construction project, referred to as the ``Powder 
River Basin Expansion Project,'' would involve the construction and 
operation of approximately 280.9 miles of new rail line by the Dakota, 
Minnesota & Eastern Railroad Corporation (DM&E), Brookings, South 
Dakota. The project would provide access for a third rail carrier to 
serve the region's coal mines and transport coal eastward from the 
Powder River Basin. New rail construction would include approximately 
262.03 miles of rail line extending off DM&E's existing system near 
Wasta, South Dakota, extending generally southwesterly to Edgemont, 
South Dakota, and then westerly into Wyoming to connect with existing 
coal mines located south of Gillette, Wyoming. This portion of the new 
construction would traverse portions of Custer, Fall River, Jackson, 
and Pennington Counties, South Dakota and Campbell, Converse, Niobrara, 
and Weston Counties, Wyoming.
    New rail construction would also include an approximate 13.31 mile 
line segment around Mankato, Minnesota, within Blue Earth and Nicollet 
Counties. DM&E currently has trackage on both sides of Mankato, 
accessed by trackage rights on rail line operated by Union Pacific 
Railroad (UP). The proposed Mankato construction would provide DM&E 
direct access between its existing lines, avoid operational conflicts 
with UP, and route rail traffic around the southern side of Mankato, 
avoiding the downtown area.
    The final proposed segment of new rail construction would involve a 
connection between the existing rail systems of DM&E and I&M Rail Link. 
The connection would include construction and operation of 
approximately 2.94 miles of new rail line near Owatonna, Steele County, 
Minnesota. The connection would allow interchange of rail traffic 
between the two carriers.
    In order to transport coal over the existing system, DM&E proposes 
to rebuild approximately 597.8 miles of rail line along its existing 
system. The majority of this, approximately 584.95 miles, would be 
along DM&E's mainline between Wasta, South Dakota, and Winona, 
Minnesota. An additional approximate 12.85 miles of existing rail line 
between Oral and Smithwick, South Dakota, would also be rebuilt. Rail 
line rebuilding would include rail and tie replacement, additional 
sidings, signals, grade crossing improvements, and other systems.
    DM&E's plans to transport coal as its principal commodity. However, 
shippers desiring rail access could ship other commodities in addition 
to coal over DM&E's rail line. Existing shippers along the existing 
DM&E system would continue to receive rail service.

Environmental Review Process

    The Surface Transportation Board shall be the lead agency, pursuant 
to 40 CFR 1501.5(c), and shall supervise the preparation of the EIS. 
The USFS, the BLM, and the COE shall be cooperating agencies, pursuant 
to 40 CFR 1501.6, and shall adopt the EIS and base their respective 
decisions on it. In order to assure that the EIS includes all of the 
information necessary for the decisions by each of the Agencies, they 
are requesting information and general comments on the scope of 
environmental issues to be addressed in the EIS for the proposed 
project. The National Environmental Policy Act (NEPA) process is 
intended to assist the Agencies and the public in identifying and 
assessing the potential environmental consequences of a proposed action 
before a decision on the proposed action is made. The SEA has developed 
and will continue to make available a draft scope of study for the EIS 
and provide a period of submission of written comments on it. Following 
this additional comment period, SEA will issue a final scope of study 
for the EIS.
    Thereafter, SEA will prepare a Draft Environmental Impact Statement 
(DEIS) for the proposed project. The DEIS will address those 
environmental issues and concerns identified during the scoping process 
and detailed in the scope of study. It will also contain a reasonable 
range of alternatives to the proposed action and recommended 
environmental mitigation measures. The DEIS will be made available upon 
its completion for public review and comment. A Final EIS (FEIS) will 
then be prepared reflecting SEA's further analysis and the comments on 
the DEIS. In reaching each decision in this case, the Agencies will 
take into account the DEIS, the FEIS, and all public and agency 
comments received.

[[Page 42482]]

Filing Comments

    The Agencies encourage broad participation in the EIS process. 
Interested persons and agencies are invited to participate in the 
scoping phase through reviewing the scope of study and submitting 
written comments to the SEA. A signed original of comments should be 
submitted to: Office of the Secretary, Case Control Unit, STB Finance 
Docket No. 33407, Surface Transportation Board, 1925 K Street, NW, 
Washington, D.C. 20423-0001.
    To ensure proper handling of your comments, you must mark your 
submission: Attention: Elaine K. Kaiser, Chief, Section of 
Environmental Analysis, Environmental Filing.
    By following this procedure, your comments will be placed in the 
formal public record for this case. In addition, SEA will add your name 
to its mailing list for distribution of the final scope of study for 
the DEIS and FEIS and the decision documents relating thereto.

    By the Board, Elaine K. Kaiser, Chief, Section of Environmental 
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 98-21215 Filed 8-6-98; 8:45 am]
BILLING CODE 4915-00-P