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.
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
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