[SBC] B&M Abandonment of Freight Cutoff has been officially approved

[Ron Newman]

http://www.stb.dot.gov/decisions/readingroom.nsf/ 
51d7c65c6f78e79385256541007f0580/8be5b94855fc7c7b8525723d005686bf? 
OpenDocument

SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
Decision Information

Docket Number:  AB_32_99_X

-------------- next part --------------
A non-text attachment was scrubbed...
Name: ecblank.gif
Type: image/gif
Size: 45 bytes
Desc: not available
Url : http://lists.bostoncoop.net/pipermail/sbc/attachments/20061209/8b9ba3cf/ecblank.gif
-------------- next part --------------
Case Title:  BOSTON AND MAINE CORPORATION--ABANDONMENT EXEMPTION--IN  
MIDDLESEX COUNTY, MA

BOSTON AND MAINE CORPORATION?ABANDONMENT EXEMPTION?IN MIDDLESEX  
COUNTY, MA

Decided:  December 7, 2006

             Boston and Maine Corporation (B&M) and Springfield  
Terminal Railway Company (ST) (collectively, applicants) filed a  
notice of exemption under 49 CFR 1152 Subpart F?Exempt Abandonments  
and Discontinuances of Service for B&M to abandon, and ST to  
discontinue service over, a line of railroad, known as the Fitchburg  
Freight Cut-Off, extending from milepost 0.00 to milepost 0.86 in  
Somerville, in Middlesex County, MA.  Notice of the exemption was  
served and published in the Federal Register on November 7, 2006 (71  
FR 65197).[1]  The exemption is scheduled to become effective on  
December 7, 2006.

             The Board?s Section of Environmental Analysis (SEA)  
served an environmental assessment (EA) in this proceeding on  
November 9, 2006.  In the EA, SEA noted that the Massachusetts  
Department of Environmental Protection (MADEP) has indicated the  
presence of oil or hazardous materials along the right-of-way  
proposed for abandonment and discontinuance.  MADEP stated that, if  
these substances are present in the soil and groundwater, remedial  
actions may be required to eliminate any contaminants pursuant to the  
Massachusetts Contingency Plan, 310 CMR 40.0000.  In an attempt to  
ensure that MADEP?s concerns were addressed, SEA recommended that,  
prior to the commencement of salvage activities, B&M be required to  
consult with MADEP, Northeast Regional Office (Richard J. Chalpin,  
978-694-3200), regarding potential contamination of the right-of-way,  
and to report the results of these consultations in writing to SEA.

             Comments to the EA were due November 22, 2006.  By  
letter dated November 22, 2006, the City of Somerville (the City)  
expressed concern regarding the specific wording of the condition  
recommended by SEA in the EA.  The City states that the actual owner  
of the right-of-way is Massachusetts Bay Transit Authority (MBTA) and  
that the condition should either be removed or changed to make MBTA  
responsible for complying with any measures associated with salvage  
activities.  The City asserts that the recommended condition could  
hinder its ability to lease the line for conversion to a rail-trail  
and linear park for Somerville.

On December 1, 2006, applicants confirmed to SEA that MBTA is the  
current owner of the line, including the track and ties, and that  
applicants do not intend to perform salvage operations on the line.   
Moreover, applicants contacted Mr. Chalpin of MADEP regarding the  
condition, and Mr. Chalpin stated that any consultations regarding  
salvage activities on the line would appropriately be completed  
between MADEP and MBTA, not applicants.  Because the line proposed  
for abandonment and discontinuance is not owned by applicants and  
applicants do not intend to complete salvage activities on the line,  
SEA now recommends that the condition previously recommended in the  
EA not be imposed.

             The salvage condition previously recommended by SEA in  
the EA will not be imposed.  The Board?s action here (authorizing  
abandonment) will not have any potential for significant impacts  
because applicants do not intend to salvage the line.  If and when  
any salvage activities take place, they would be performed by MBTA.   
The Board would not impose mitigation on MBTA because MBTA is not one  
of the applicants here.  Moreover, no condition is needed because  
MADEP agrees that any consultations regarding salvage on the line  
would appropriately be completed by MADEP and MBTA.

There are no remaining environmental or historic preservation issues  
that have been raised by any party or identified by SEA.  Therefore,  
a Finding of No Significant Impact under 49 CFR 1105.10(g) will be  
made pursuant to 49 CFR 1011.7(b)(9).

             It is ordered:

             1.  Abandonment of the involved rail line will have no  
significant effect on the quality of the human environment and  
conservation of energy resources or on historic resources.

             2.  This decision is effective on its service date.

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


                                                                         
                          Vernon A. Williams
                                                                         
                                    Secretary
[1]  The notice served and published on November 7, 2006, embraced  
STB Docket No. AB-355 (Sub-No. 33X), Springfield Terminal Railway  
Company?Discontinuance of Service Exemption?in Middlesex County, MA.


-------------- next part --------------
A non-text attachment was scrubbed...
Name: ecblank.gif
Type: image/gif
Size: 45 bytes
Desc: not available
Url : http://lists.bostoncoop.net/pipermail/sbc/attachments/20061209/8b9ba3cf/ecblank-0001.gif