SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_6_416_X

Case Title:  
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BOTTINEAU COUNTY, ND

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
REOPENED THE PROCEEDING TO REMOVE THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE BOARD'S JUNE 23, 2004 DECISION.

    Decision Attachments

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    Full Text of Decision

35192                                  SERVICE DATE – NOVEMBER 4, 2004

DO


SURFACE TRANSPORTATION BOARD


DECISION


STB Docket No. AB-6 (Sub-No. 416X)


THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY–ABANDONMENT EXEMPTION–IN BOTTINEAU COUNTY, ND


Decided: November 2, 2004


            The Burlington Northern and Santa Fe Railway Company (BNSF) filed a notice of exemption under 49 CFR 1152 Subpart F–Exempt Abandonments to abandon and discontinue service over a 15.50-mile line of railroad between milepost 52.00 near Souris, to milepost 67.50 near Westhope, Bottineau County, ND. Notice of the exemption was served and published in the Federal Register on May 25, 2004 (69 FR 29782).


            By decision served June 23, 2004, the proceeding was reopened at the request of the Board’s Section of Environmental Analysis (SEA) and the exemption was made subject to the condition that, prior to beginning salvage activities, BNSF shall submit to the State Historical Society of North Dakota (SHPO) site forms for any bridges that are 50 years old or older, as well as for any historical sites, and the final cultural resources report. By letter dated October 14, 2004, BNSF has requested that the historic preservation condition be removed. In support of its request, BNSF attached a letter, which included an indication by the SHPO that BNSF prepared and submitted Class I and Class II Cultural Resources Inventories, which SHPO found acceptable. Therefore, based on that information provided, it has been concluded that no historic properties will be affected by the abandonment. Therefore, SEA recommends that the section 106 condition imposed in the June 23, 2004 decision be removed. Accordingly, the proceeding will be reopened and the previously imposed historic preservation condition will be removed. Footnote


            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. Upon reconsideration, the section 106 historic condition imposed in the June 23, 2004 decision is removed.


            3. This decision is effective on its service date.


            By the Board, David M. Konschnik, Director, Office of Proceedings.





                                                                                                    Vernon A. Williams

                                                                                                              Secretary