U.S. Department 1200 New Jersey Avenue, SE 

of Transportation Washington, DC 20590

Federal Railroad 

Administration

May 23, 2017

Mr. Chad Fincher

Parks & Recreation Director

City of Kalispell

Department of Parks and Recreation

306 1st Avenue East

Kalispell, MT 59901

Subject: Request for Concurrence 

FRA Section 4(f) De Minimis Impact Finding for Depot Park

Glacier Rail Park/Kalispell Core Area Development and Trail Project

Dear Mr. Fincher:

As you may be aware, the U.S. Department of Transportation has selected the City of Kalispell 

to receive a Fiscal Year 2015 grant award under its Transportation Investment Generating 

Economic Recovery (TIGER) program for construction of the Glacier Rail Park/Kalispell Core 

Area Development and Trail (Project). The USDOT’s Federal Railroad Administration (FRA) is 

administering the TIGER grant, and the City’s Department of Community and Economic 

Development is the Project Sponsor. 

The purpose of this letter is to request the concurrence of the City of Kalispell’s Department of

Parks and Recreation with FRA’s de minimis impact finding for Depot Park. Minor temporary 

proximity impacts (i.e., noise and the presence of construction equipment and personnel) are 

expected to result from implementation of Phase II of the Project, specifically the removal of the 

existing rail line and improvements to convert the abandoned railroad right-of-way (ROW) into a 

non-motorized public-use recreational trail. At this time, FRA and the Project Sponsor do not 

anticipate that there will need to be a temporary occupancy of any portion of the Depot Park 

property because the Project will be constructed from within the ROW. However, FRA and the 

Project Sponsor are taking a conservative approach and would like to plan for a possible 

temporary occupancy in case the need arises closer to the time of implementation of Phase II of 

the Project. 

FRA has concluded that construction of the Project will not adversely affect the recreational 

activities that qualify Depot Park for protection under Section 4(f) of the U.S. Department of 

Transportation Act (49 U.S.C. 303). This letter summarizes the Project activities that may

temporarily impact Deport Park, and proposed measures to mitigate those impacts. 
2

Background

Because the Project is receiving federal funding from USDOT-FRA, it is subject to review under 

Section 4(f), which requires an analysis of the potential impacts of transportation projects on 

publicly owned public parks, recreation areas, wildlife and waterfowl refuges, and historic sites.

Under Section 4(f), an operating administration of USDOT, in this case FRA, may not approve a 

transportation project that uses a 4(f)-protected property unless there are no prudent or feasible 

alternatives and the project includes all possible planning to minimize harm to such properties. 

“Use” of a 4(f)-protected property can be permanent, temporary, or constructive. FRA may also 

find that the impacts to a 4(f)-protected property are de minimis, meaning that the use is 

generally minor in nature. In the case of a park, reserve, or recreation area, FRA may find that 

the impacts are de minimis if, after opportunity for public review and comment and taking into 

account avoidance, minimization, and/or mitigation measures, FRA finds that the transportation 

project will not adversely affect the activities, features, and attributes qualifying the property for 

protection under Section 4(f). FRA must also obtain written concurrence with its finding from 

the official with jurisdiction over the 4(f) property. 

Additional information about the Project and potential impacts to Section 4(f) properties is 

provided in the Environmental Assessment (EA), which is available on the City’s website at 

http://www.kalispell.com/community_economic_development/. The EA is currently available 

for public review and comment through June 17, 2017. 

Depot Park

As shown in the enclosed figure, Depot Park is bounded by Main Street (Hwy 93) to the west, 

Market Place Street to the north, 1st Avenue EN to the east, and East Center Street to the south.

The Park occupies approximately 3.7 acres and is used as a public gathering area in the summer 

with a gazebo, sidewalks and benches, sculptures, and a Veterans’ Memorial. The former Great 

Norther Railway Depot is also located within the Park. Most events in the Park are held on the 

southern portion of the property located between the Depot Building and East Center Street.

The Project involves the removal of approximately 315 feet of rail, ties, and ballast bisecting the 

northeast corner of Depot Park and conversion of the ROW into the new Kalispell Trail. 

Potential Project Impacts to Depot Park 

The Project Sponsor anticipates commencing Phase II construction activities in April 2020, and 

anticipates that it will take approximately two days to complete the rail removal and 

approximately five days to prepare and pave the ground and add landscaping, lighting, and signs 

to the new Kalispell Trail. These activities will likely be restricted to Monday – Friday 7:00 am 

to 7:00 pm, and will temporarily increase noise levels in the vicinity of Depot Park, particularly 

at the north end of the property. Existing sources of noise include traffic on the four-lane Hwy 93

and commercial businesses surrounding the Park.
3

At this time, the Project Sponsor anticipates that all activities will be confined to the current 

BNSF ROW, which will be acquired by the City following abandonment. During construction of 

the Kalispell Trail, the Project Sponsor’s contractor would have access to the site from Hwy 93 

and 1st Ave EN and there will likely be no need to access the site through Park property.

Therefore no physical disturbance is anticipated to occur to existing landscaped areas, parking 

spaces, or roadway within Depot Park.

Therefore, at this time, the Project Sponsor does not anticipate that there will be any Section 4(f) 

use of Depot Park. However, FRA and the Project Sponsor would like to be prepared in case a 

temporary occupancy of Depot Park becomes necessary in order to stage construction equipment 

and/or gain access to the construction site. 

Minimization and Mitigation

To minimize disruption and mitigate for temporary construction impacts, the Project Sponsor

proposes to notify Parks and Recreation five business days prior to the commencement of the rail 

removal and Trail construction activities. If desired and at the request of the Department of Parks 

and Recreation, the Project Sponsor’s contractor will avoid carrying out construction activities 

during times that events are scheduled in Depot Park.

Conclusion

FRA finds that the Project may have a de minimis impact to Depot Park, a Section 4(f) property. 

FRA respectfully requests your consideration of the potential effects of the Project on Depot 

Park. FRA and/or the Project Sponsor will notify the Department of Parks and Recreation if there 

are changes to the Project schedule and/or anticipated impacts to Depot Park, and will consult 

with the Department of Parks and Recreation to develop additional mitigation measures if 

necessary prior to implementation of Phase II of the Project. 

If you concur with FRA’s description of the potential impacts to Depot Park identified at this 

time, please sign below documenting your written concurrence as the official with jurisdiction 

over this resource. Please submit your concurrence to Ms. Laura Shick, FRA Environmental 

Protection Specialist, at the mailing or email address below.

Kalispell Parks and Recreation, as the Official with Jurisdiction over Depot Park, 

concurs with FRA’s de minimis impact finding and description of the potential 

impacts of the Glacier Rail Park/Kalispell Core Area Development and Trail 

Project as described herein to Depot Park, a Section 4(f) resource, as defined in 

49 U.S.C. 303(d). 

Signature: ________________________________ Date: ____________________

 Chad Fincher

Parks and Recreation Director


From: Chad Fincher < cfincher@kalispell.com>

Sent: Wednesday, May 24, 2017 9:58 AM

To: Shick, Laura (FRA)

Cc: Katharine Thompson; Kniss, Valarie (FRA)

Subject: RE: Glacier Rail Park & Kalispell Trail Project ­ FRA Section 4(f) determination for 

Depot Park 

Attachments: DOC015.PDF

Laura,

I had a brief conversation with Katharine yesterday via email and don’t have any reservations based on her 

responses. Let me know if our department can assist any further. 

Thanks you,

Chad Fincher

Parks and Recreation Director

Kalispell Parks and Recreation

P.O. Box 1997

Kalispell, MT 59903

(406) 758­7960 office

(406) 758­7719 fax

http://www.kalispell.com/parks_and_recreation/

This communication is confidential to the City of Kalispell Parks and Recreation Department and is intended solely for the use of the 

individual or organization to whom it is addressed. It may contain privileged or confidential information. If you have received this 

message in error, please notify the originator immediately. If you are not the intended recipient, you should not use, copy, alter or 

disclose the contents of this message. The Parks and Recreation Department accepts no responsibility for loss or damage arising from 

its use, including damage from a virus.

From: Shick, Laura (FRA) [mailto:Laura.Shick@dot.gov] 

Sent: Tuesday, May 23, 2017 9:25 AM

To: Chad Fincher 

Cc: Katharine Thompson ; Kniss, Valarie (FRA) 

Subject: Glacier Rail Park & Kalispell Trail Project ­ FRA Section 4(f) determination for Depot Park 

Good morning Mr. Fincher,

Please review the attached letter and let FRA know if you concur with the finding or have any questions or 

concerns. 

Thank you,

Laura A. Shick

Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

1200 New Jersey Avenue, SE

Page 1 of 2

file:///R:/FRA_RPD/RPD_10/Environment/Project_Documentation/TIGER/TIGER%20-%... 6/26/2017
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590

Federal Railroad 

Administration

May 23, 2017

Ms. Mary Josie Blanchard

Deputy Director

Office of Environmental Policy and Compliance

MIB, MS-2340

US Department of Interior

1849 C Street NW

Washington, DC 20240

Re: 4(f) Evaluation 

Glacier Rail Park/Kalispell Core Area Development and Trail Project 

Kalispell, Flathead County, Montana

Dear Ms. Blanchard.

By way of this letter, the Federal Railroad Administration (FRA) requests review by the 

Department of Interior (DOI) of its 4(f) evaluation for the Glacier Rail Park/Kalispell Core Area 

Development and Trail Project (Project).

Background

The U.S. Department of Transportation (USDOT) has selected the City of Kalispell, Montana 

(City), to receive a Fiscal Year 2015 grant award under its Transportation Investment Generating 

Economic Recovery (TIGER) program. FRA is administering the TIGER grant. The Project 

consists of the following two phases:

Phase I: Construction and operation of the new Glacier Rail Park (Rail Park), which will 

include 10,000 linear feet of new rail to serve industrial users in the rail park and provide 

a new rail turnaround adjacent to the rail park allowing for the removal of the existing

track that bisects Kalispell; improvements to access roads on the north and east sides of 

the new Rail Park; traffic signal and roadway improvements for truck access to Montana 

Highway 2; and installation of utilities in the Rail Park to provide tenants access to City 

water and sewer, power, gas, and fiber optics. The new Rail Park will improve the 

efficiency of existing freight rail operations by relocating operations to a dedicated and

appropriately sized facility and eliminating the need for the rail line to bisect the 

community.

Phase II: A rail-to-trail component known as the Kalispell Trail, which will include the 

removal of nearly two miles of existing BNSF rail line from milepost 1225.19 to the west 

side of Meridian Street at milepost 1226.79, construction of a public-use recreational trail 

in the abandoned railroad right-of-way (ROW), and the construction of up to three 
4(f) Evaluation for the Glacier Rail Park/Kalispell Core Area Development and Trail Project 2

complete street connections in the Kalispell Core Area. Phase II will not begin until 

construction of the Rail Park has been completed and is operational, the existing rail line 

has been abandoned by BNSF in coordination with the Surface Transportation Board and 

the ROW subsequently acquired by the City, and freight rail traffic has been moved off 

the line. 

FRA and the City have prepared an Environmental Assessment (EA) for the Project in 

accordance with the National Environmental Policy Act (NEPA) and FRA’s NEPA 

implementing procedures. As documented in the EA, Phase I of the Project would not result in a 

4(f) use of any Section 4(f) properties and Phase II of the Project would result in an adverse 

effect to the historic Great Northern Railroad and three historic architectural properties adjacent 

to the railroad ROW that were historically served by the railroad; these four historic properties 

are also considered Section 4(f) properties. A copy of the EA is enclosed in hard copy and on 

CD. The EA and all appendices are also available on the City’s website at 

http://www.kalispell.com/community_economic_development/ and via FRA’s website at 

https://www.fra.dot.gov/Page/P1038. 

FRA Finding

An integral element of the Project’s Purpose and Need is to improve the efficiency of freight rail 

operations, improve safety for motorists and pedestrians, provide opportunities for revitalization 

of downtown Kalispell, and provide non-motorized transportation options through the relocation 

of freight rail operations and conversion of the abandoned railroad ROW to a public-use trail. 

Because “rail-to-trail” is part of the Project’s Purpose and Need, FRA has determined that there 

are no feasible and prudent alternatives to avoid the use of Section 4(f) properties, namely the 

Great Northern Railroad itself. In accordance with Section 106 of the National Historic 

Preservation Act (Section 106), FRA has consulted with the Montana State Historic Preservation 

Officer (MT SHPO) and other consulting parties to develop a draft Memorandum of Agreement 

(MOA) to resolve the adverse effects of the Project on historic properties. The measures 

stipulated in the draft MOA represent “all possible planning,” defined in 23 CFR 774.17, to 

minimize harm and mitigate for adverse impacts of the Project on Section 4(f) properties. A copy 

of the draft MOA is enclosed in hard copy and on CD, and is also available on the City’s 

website.

FRA would appreciate receiving an acknowledgement of DOI’s review with any comments

within 45 days of your receipt of this submittal. To facilitate timely receipt of your response and 

obligation of the TIGER grant, FRA requests that DOI email its response to Ms. Laura Shick, 

FRA Environmental Protection Specialist, at laura.shick@dot.gov. Following DOI’s concurrence

and execution of the MOA, FRA intends to finalize its Section 4(f) determination to allow the 

City to proceed with the Project.

If you have any questions or require additional information, please contact Ms. Shick at (202) 

366-0340 or by email.

United States Department of the Interior 

OFFICE OF THE SECRETARY 

Office of Environmental Policy and Compliance 

Denver Federal Center, Building 67, Room 118 

Post Office Box 25007 (D-108) 

Denver, Colorado 80225-0007 

June 20, 2017 

ER-17/0256 

Marilyn Osterhues 

Chief, Environmental and Corridor Planning Division 

Office of Railroad Policy and Development 

Federal Railroad Administration 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

 

Dear Ms. Osterhues: 

Thank you for the opportunity to review and comment on the Department of Transportation (DOT), 

Section 4(f) Evaluation for the Environmental Assessment Glacier Rail Park/Kalispell Core Area 

Development and Trail Project, Kalispell, Flathead County, MT. 

SECTION 4(f) EVALUATION COMMENTS 

The Department of the Interior (Department) appreciates that you have coordinated with various agencies 

regarding this project and the development of the Section 4(f) Evaluation. We encourage continued 

coordination with these agencies throughout the life of this project. The Department acknowledges that 

Federal Railroad Administration (FRA) has preliminarily determined that this project during construction 

of the Kalispell Trail will have an indirect effect on the Depot Park Section 4(f) property, due to 

temporary occupancy during construction resulting in a de minimis finding. The Department also 

acknowledges that FRA has consulted with the Montana State Historic Preservation Office (SHPO) to 

determine that Phase I of the proposed project would result in “no historic properties affected”. 

We acknowledge that this project during Phase II (Construction of the Kalispell Trail) would adversely 

affect four historic properties. Further, we understand that you are preparing a Memorandum of 

Agreement (MOA) in consultation with the Montana SHPO and consulting parties to minimize these 

adverse effects. Following our review of the Section 4(f) Evaluation, we concur that there is no feasible 

or prudent alternative to the Preferred Alternative selected in the document, and that all measures have 

been taken to minimize harm to these resources. Please note however, this concurrence is contingent 

upon execution of the MOA amongst the consulting parties and concurrence of Kalispell Parks and 

Recreation in the de minimis finding. 

We appreciate the opportunity to review this document. Should you have questions in response to 

Section 4(f) comments, please contact David Hurd, Environmental Protection Specialist, National Park 

Service Inter-mountain Regional Office at 303.987.6705. 

 Sincerely,

 

 Robert F. Stewart 

 Regional Environmental Officer 

 
cc: 

SHPO MT Mark Baumler (mbaumler@mt.gov) 

DOT FRA – L. Shick (laura.shick@dot.gov)