What was the reason for building the line so far east?
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Concerning the Rock Island track into Colorado Springs, I notice that some of the remaining track is about to be pulled up to become a trail. Guess I'll have to drive over there and see if it has happened yet...
Docket Number: AB_1007_0_X
Case Title: COLORADO SPRINGS & EASTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN EL PASO COUNTY, CO
Decision Type: Notice Of Exemption
Deciding Body: Director Of Proceedings
38657 SERVICE DATE – JANUARY 7, 2008
DO
FR-4915-01-P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-1007X]
Colorado Springs & Eastern Railroad Company–Abandonment Exemption–in El Paso County, CO
Colorado Springs & Eastern Railroad Company (CS&E) has filed a notice of exemption under 49 CFR 1152 Subpart F–Exempt Abandonments to abandon a 3.3-mile line of railroad between milepost 602.70 and milepost 599.40, in Colorado Springs, El Paso County, CO. The line traverses United States Postal Service Zip Codes 80901, 80903, 80904, 80905, 80906, 80907, 80908, 80909, 80910, and 80911.
CS&E has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.–Abandonment–Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on February 6, 2008, unless stayed pending reconsideration.[1] Petitions to stay that do not involve environmental issues,[2] formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),[3] and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 17, 2008. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 28, 2008, with: Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001.[4]
A copy of any petition filed with the Board should be sent to CS&E’s representative: Monica Kadrmas, Moye White LLP, 1400 16th Street, 6th Floor, Denver, CO 80202.
If the verified notice contains false or misleading information, the exemption is void ab initio.
CS&E has filed environmental and historic reports which address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by January 11, 2008. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling SEA, at (202) 245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1‑800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public.
Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), CS&E shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by CS&E’s filing of a notice of consummation by January 7, 2009, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: January 2, 2008.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams
Secretary
[1] Although CS&E has indicated an effective date of January 21, 2008, the earliest this transaction may be consummated is February 6, 2008. See 49 CFR 1152.50(d)(2). Staff has informed CS&E’s attorney of this discrepancy.
[2] The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date.
[3] Each OFA must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25).
[4] CS&E states in its notice that it “has leased, and is in the process of selling, the property on which the line is located to the City of Colorado Springs for a public recreation hike/bike trail.” CS&E is reminded that any such action cannot take place prior to the effectiveness of this exemption, including the completion of the OFA process and the handling of any requests for public use or trail use.
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Docket Number:
AB_1007_0_X
Case Title:
COLORADO SPRINGS & EASTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN EL PASO COUNTY, CO
Decision Type:
Decision
Deciding Body:
Director Of Proceedings
Decision Summary
Decision Notes:
DECISION REOPENED THIS PROCEEDING AND DETERMINED THAT THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON JANUARY 2, 2008, IS SUBJECT TO CERTAIN CONDITIONS THAT COLORADO SPRINGS & EASTERN RAILROAD COMPANY SHALL FOLLOW.
Full Text of Decision
38797 SERVICE DATE – LATE RELEASE FEBRUARY 7, 2008
DO
SURFACE TRANSPORTATION BOARD
DECISION
STB Docket No. AB-1007X
COLORADO SPRINGS & EASTERN RAILROAD COMPANY—
ABANDONMENT EXEMPTION—IN EL PASO COUNTY, CO
Decided: February 7, 2008
Colorado Springs & Eastern Railroad Company (CS&E) filed a notice of exemption under 49 CFR 1152 Subpart F–Exempt Abandonments to abandon a 3.3-mile line of railroad between milepost 602.70 and milepost 599.40, in Colorado Springs, El Paso County, CO. Notice of the exemption was served and published in the Federal Register on January 7, 2008 (73 FR 1262-63). The exemption was scheduled to become effective on February 6, 2008.
The Board’s Section of Environmental Analysis (SEA) served an environmental assessment (EA) in this proceeding on January 11, 2008. In the EA, SEA noted that the Colorado Historic Preservation Office (SHPO) had identified the right-of-way of the proposed abandonment as potentially eligible for listing in the National Register of Historic Places (National Register) and requested that CS&E complete its Management Data Form and Linear Component Resource Form (with photographs of the line). Therefore, SEA recommended a condition that CS&E: (1) retain its interest in and take no steps to alter the historic integrity of all historic properties including sites, buildings, structures and objects within the right-of-way until the section 106 process of the National Historic Preservation Act, 16 U.S.C. 470f, has been completed; (2) report back to SEA regarding any consultations with the SHPO and the public; and (3) not file its consummation notice or initiate salvage activities related to abandonment (including removal of tracks and ties) until the section 106 process has been completed and the Board has removed this condition.
Comments to the EA were due by January 28, 2008. Two comments were received. By letter dated January 8, 2008, Christopher Brewer of the El Paso County Surveyor’s Office expressed concern regarding the need to assemble critical land data records about the proposed abandonment. Mr. Brewer requested that CS&E provide his office with all right-of-way maps, land schedules, and engineering records related to the proposed abandonment. Therefore, in a Post Environmental Assessment (Post EA), SEA now recommends the addition of the following condition: CS&E shall consult with the El Paso County Surveyor’s Office, Christopher Brewer at (719) 520-7201, regarding any critical land data that may be in the possession of CS&E for land within the right-of-way of the proposed abandonment, including right-of-way maps, land schedules, engineering records and related data.
The second comment was a January 29, 2008 letter from the SHPO indicating that the abandonment, as proposed, would have no adverse effect on the historic CS&E Line. SEA agrees with this assessment and recommends that historic preservation condition recommended in the EA not be imposed.
The environmental condition recommended by SEA in the Post EA will be imposed. Based on SEA’s recommendation, the proposed abandonment, if implemented as conditioned, 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 notice served and published in the Federal Register on January 7, 2008, exempting the abandonment of the line described above is subject to the condition that CS&E shall consult with the El Paso County Surveyor’s Office, Christopher Brewer at (719) 520-7201, regarding any critical land data that may be in the possession of CS&E for land within the right-of-way of the proposed abandonment, including right-of-way maps, land schedules, engineering records and related data.
3. This decision is effective on its service date.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Anne K. Quinlan
Acting Secretary
