|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|DELTA SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN EAST CARROLL PARISH, LA.|
|Director Of Proceedings|
|DECISION: (1) REOPENED THIS PROCEEDING; (2) TOLLED THE TIME PERIOD FOR LAKE PROVIDENCE TO FILE AN OFFER OF FINANCIAL ASSISTANCE; AND (3) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON NOVEMBER 29, 2010.|
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|Full Text of Decision|
41296 SERVICE DATE – LATE RELEASE DECEMBER 28, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 384 (Sub-No. 2X)
DELTA SOUTHERN RAILROAD, INC.—ABANDONMENT EXEMPTION—IN EAST CARROLL PARISH, LA.
Decided: December 28, 2010
Southern Railroad, Inc. (DSR), filed a verified notice of exemption under 49
C.F.R. pt. 1152 subpart F—Exempt Abandonments to abandon 8 miles of rail
line extending from milepost 463.0, near Shelburn, to milepost 471.0, which is
approximately a mile south of Lake Providence, in East Carroll Parish, La. Notice of the exemption was served and
published in the Federal Register on
On December 8, 2010, Lake
Providence Port Commission (
filed on December 22, 2010,
will consider requests to toll the period for filing an OFA when an applicant has
failed to provide a potential offeror with the information necessary to the
development of an OFA and that information is not contained in the notice of
exemption. See 49 C.F. R. § 1152.27(c)(2)(ii)(C). In this case, because the information
necessary to formulate an OFA has not been provided to
The Board’s Office of Environmental Analysis (OEA) served an environmental assessment (EA) in this proceeding on December 3, 2010. In the EA, OEA notes that the Louisiana Department of Environmental Quality, Business and Community Outreach Division (LDEQ), stated that it had no objections to the project as proposed. According to OEA, LDEQ included a list of general comments, many of which are not specific to actions associated with railroad abandonment activities. However, for those activities that may occur if the proposed abandonment is exempted, OEA recommends that a condition be imposed requiring DSR to consult with LDEQ’s Water Permits Division (225-219-3181) and LDEQ’s Solid and Hazardous Waste Division (225-219-3640) regarding salvaging and abandonment procedures prior to commencement of any salvage activities.
OEA also notes that the National Geodetic Survey (NGS) has indicated that there are 6 survey markers in the area of the proposed abandonment. Accordingly, OEA recommends a condition requiring DSR to consult with NGS and to notify NGS at least 90 days prior to beginning salvage activities that may disturb or destroy the 6 geodetic station markers.
in the EA, OEA indicates that the right-of-way may be suitable for other public
purposes such as rail banking and interim trail use following abandonment and
salvage of the line. On
Comments to the EA were due on December 17, 2010. No comments to the EA were filed. Accordingly, the conditions recommended by OEA in the EA will be imposed.
As conditioned, this decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. This proceeding is reopened.
2. The time period for
3. The effective date of the exemption is postponed until 10 calendar days after the due date for the filing of an OFA.
4. Upon reconsideration, the notice served and published in the Federal Register on November 29, 2010, exempting the abandonment of the line described above, is subject to the conditions that DSR: (1) consult with LDEQ’s Water Permits Division and LDEQ’s Solid and Hazardous Waste Division regarding salvaging and abandonment procedures prior to commencement of any salvage activities; and (2) consult with NGS and notify NGS at least 90 days prior to beginning salvage activities that may disturb or destroy the 6 geodetic station markers identified in the area of the proposed abandonment.
6. This decision is effective on its date of service.
By the Board, Julia M. Farr, Acting Director, Office of Proceedings.
 See 49 C.F.R. § 1152.27(c)(2)(i).