36145 SERVICE DATE -- SEPTEMBER 13, 2005

SEA

**SURFACE TRANSPORTATION BOARD**

**WASHINGTON, DC 20423**

**ENVIRONMENTAL ASSESSMENT**

**STB DOCKET NO. AB-55 (Sub-No. 656X)**

**CSX Transportation, Inc. - Abandonment Exemption - in Marion County,
WV**

**[BACKGROUND]{.underline}**

In this proceeding, CSX Transportation, Inc. (CSX or railroad) filed a
notice of exemption under 49 CFR 1152.50 seeking exemption from the
requirements of 49 U.S.C. 10903 in connection with the abandonment of a
line of railroad in Marion County, West Virginia (WV). The line extends
approximately 17.51 miles from Milepost BS 306.32 near Barrackville and
Milepost 319.48 near Mannington. The notice also includes the 4.35-mile
Dents Run Spur between Milepost BSB 0.00 and Milepost 4.35
(collectively, the subject line). A map depicting the subject line in
relationship to the area served is appended to this report. If the
notice becomes effective, CSX intends to remove the rails, crossties and
possibly the upper layer of ballast.

**[DESCRIPTION OF THE LINE]{.underline}**

The subject line closely parallels Buffalo Creek in central Marion
County. The line traverses forested areas, several strip mines and mine
dumps, many small communities, rivers, and streams. The right-of-way
(ROW) varies from 30 to 90 feet wide. According to CSX, there are no
known hazardous material waste sites or sites where known hazardous
material spills have occurred on or along the ROW. CSX has stated that
no rail traffic has moved on the line for at least two year, and that
any overhead traffic on the line can be rerouted over other lines.

The ROW was originally acquired by the Baltimore and Ohio Railroad
Company (B&O) between 1850 and 1858 for the purposes of constructing a
rail line. Based on the railroad's historic report, it is not clear when
the rail line was actually constructed. In 1973, the Chessie System,
Inc. was formed and Chessie System Railroads was adopted as the new
corporate identity for the B&O, Chesapeake and Ohio Railway Company
(C&O), and Western Maryland Railway. In 1980, Seaboard Coast Line
Industries, Inc. and the Chessie System, Inc. merged to become CSX
Corporation. Seven years later in 1987, the B&O was merged into the C&O,
and later that same year the C&O was merged into CSX Transportation,
Inc.

There are nine structures on the subject line that are 50 years of age
or older. All nine structures are bridges that were built from 1904 to
1912. They are all steel/concrete or steel "I" beam structures.

**[ENVIRONMENTAL REVIEW]{.underline}**

CSX submitted environmental and historic reports that indicate that the
quality of the human environment would not be affected significantly as
a result of the abandonment or any post-abandonment activities,
including salvage and disposition of the right-of-way. CSX served these
reports on a number of appropriate Federal, state, and local agencies as
required by the Surface Transportation Board\'s (Board) environmental
rules \[49 CFR 1105.7(b)\]. The Board's Section of Environmental
Analysis (SEA) has reviewed and investigated the record in this
proceeding.

The U.S. Department of Agriculture, Natural Resources Conservation
Service (formerly the Soil Conservation Service), District
Conservationist in White Hall, WV stated that the proposed abandonment
would not impact Prime, Unique, Statewide, or Locally Important
Farmland.

As stated above, no traffic has moved on the subject line within the
last two years. Accordingly, the proposed abandonment would not
adversely impact the development, use and transportation of energy
resources or recyclable commodities; transportation of ozone-depleting
materials; or result in the diversion of rail traffic to truck traffic
that could result in significant impacts to air quality or the local
transportation network.

The Marion County Commission expressed an interest in acquiring the ROW.
The City of Mannington stated that the proposed abandonment is not
inconsistent with its comprehensive plan; however, the city is
investigating investor interest in developing an excursion train on the
subject rail line. Therefore, the city requested that salvaging
activities be delayed pending the outcome of these investigations.

The U.S. Fish and Wildlife Service (USFWS), West Virginia Field Office
in Elkins, WV stated that no Federally listed endangered and threatened
species are expected to be impacted by the proposed abandonment.

The U.S. Army Corps of Engineers (USACE) had not commented on the
railroad's environmental report at the time this Environmental
Assessment (EA) was prepared. However, impacts to wetlands and water
resources under the jurisdiction of the USACE are not anticipated
because the railroad does not intend to conduct any salvaging activities
within streambeds or wetlands, or perform activities that could cause
sedimentation. Nevertheless, because the subject line traverses rivers
and streams, SEA recommends that CSX consult with the USACE prior to
initiating salvaging activities to identify potential permitting
requirements under Section 404 of the Clean Water Act (33 U.S.C. 1342).

The National Geodetic Survey identified eleven (11) geodetic station
markers that may be affected by the proposed abandonment. Therefore, SEA
recommends a condition to address this concern.

The West Virginia Department of Environmental Protection concurred with
the railroad's assessment that permits under Section 402 of the Clean
Water Act (33 U.S.C. 1342) would not be required for the proposed
salvaging activities.

The West Virginia State Historic Preservation Office (SHPO) completed
its review of the railroad's historic report and concluded that the
proposed abandonment would have no effect on resources listed in or
eligible for inclusion in the National Register of Historic Places.

**[CONDITIONS]{.underline}**

SEA recommends that the following environmental conditions be placed on
any decision granting abandonment authority.

> 1\. The subject line traverses rivers and streams. Therefore, SEA
> recommends that CSX consult with the USACE prior to initiating
> salvaging activities to identify potential permitting requirements
> under Section 404 of the Clean Water Act (33 U.S.C. 1342).
>
> 2\. The National Geodetic Survey (NGS) has identified eleven (11)
> geodetic station markers that may be affected by the proposed
> abandonment. Therefore, the railroad shall notify NGS 90 days prior to
> conducting salvage activities in order to plan for the possible
> relocation of the markers by NGS.

**[CONCLUSIONS]{.underline}**

Based on the information provided from all sources to date, SEA
concludes that, as currently proposed, and if the recommended condition
is imposed, abandonment of the line would not significantly affect the
quality of the human environment. Therefore, the environmental impact
statement process is unnecessary.

Alternatives to the proposed abandonment would include denial (and
therefore no change in operations), discontinuance of service without
abandonment, and continued operation by another operator. In any of
these cases, the existing quality of the human environment and energy
consumption should not be affected.

**[PUBLIC USE]{.underline}**

Following abandonment and salvage of the rail line, the right-of-way may
be suitable for other public use. A request containing the requisite
four-part showing for imposition of a public use condition (49 CFR
1152.28) must be filed with the Board and served on the railroad within
the time specified in the [Federal]{.underline} [Register]{.underline}
notice.

**[TRAILS USE]{.underline}**

A request for a notice of interim trail use (NITU) is due to the Board,
with a copy to the railroad, within 10 days of publication of the notice
of the petition for exemption in the [Federal]{.underline}
[Register]{.underline}. Nevertheless, the Board will accept late-filed
requests as long as it retains jurisdiction to do so in a particular
case. This request must comply with the Board\'s rules for use of
rights-of-way as trails (49 CFR 1152.29).

**[PUBLIC ASSISTANCE]{.underline}**

The Board\'s Office of Public Services (OPS) responds to questions
regarding interim trail use, public use, and other reuse alternatives.
You may contact OPS directly at 202-565-1592, or mail inquiries to
Surface Transportation Board, Office of Public Services, Washington, DC
20423.

**[COMMENTS]{.underline}**

If you wish to file comments regarding this environmental assessment,
send an **original and two copies** to Surface Transportation Board,
Case Control Unit, Washington, DC 20423, to the attention of David
Navecky, who prepared this environmental assessment. Environmental
comments may also be filed electronically on the Board's web site,
www.stb.dot.gov, by clicking on the "E-FILING" link. **Please refer to
STB Docket No. AB-55 (Sub-No. 656X in all correspondence, including
e-filings, addressed to the Board.** If you have any questions regarding
this environmental assessment, please contact David Navecky, the
environmental contact for this case, by phone at 202-565-1593, fax at
202-565-9000, or e-mail at naveckyd@stb.dot.gov.

Date made available to the public: September 13, 2005.

**Comment due date: September 27, 2005.**

By the Board, Victoria Rutson, Chief, Section of Environmental Analysis.

> Vernon A. Williams

Secretary

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