Like Wooly said above, that boiler is suspect. From all reports it was not properly constructed for railroad use, lacking many staybolts and being potentially unsafe. As he also said, there is no documentation of the construction so that a potential operator or regulating agency will know the status of the build.
If CHS and its contractor run that engine without a new boiler or substantial rebuilding, then they could be liable for operating a boiler that has been considered to be unsafe. I wouldn't want to be in their shoes if anything goes sideways.