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TR Scan No. 3 - Redacted - Part5
TR Scan No. 3 - Redacted - Part5
The Ashland East Variation route would require acquisition of about 415 more acres of
right-of-way than the proposed alignment.
Primarily due to the added length and the substantial additional earthwork, construction
of the Ashland East Variation is estimated to cost about $148 Million more than the
corresponding segment of the proposed alignment.
The Ashland East Variation route would disturb a greater number of acres crossing the
Otter Creek drainage along with potentially greater impacts to riparian habitat and
agricultural land.
The Ashland East Variation does not parallel any existing transportation corridor, while
by contrast the other alternatives under review for this area do parallel the Tongue River
Road or other existing roads.
The Ashland East Variation would run near the western boundaries of the Custer
National Forest. It is unclear what, if any, additional consultation requirements may be
incurred with the U.S. Forest Service for this routing.
There are no apparent offsetting benefits to this route variation . While the route would
be somewhat more distant from the Northern Cheyenne reservation compared to the
Northern Alternatives and thus noise impacts on the reservation could be lower, the
number of receptors in the eastern portion of the reservation in comparison to the
number of receptors in the area traversed by the Ashland East Variation would need to
be determined in order to meaningfully compare noise impacts. Also, further study
would be required to assess air quality impacts to the reservation of the proposed
Variation in contrast to the originally proposed routes. However, given the other
disadvantages of this variation alternative noted above, including most notably the fact
that the variation would be constructed over mineable reserves , such further study is not
warranted .
The Ashland East Variation would involve substantial engineering, construction, and operating
challenges as compared to the proposed alignment. For these reasons, given the feasibility of
alternative routes , the Ashland East Variation should not be further pursued.
Portions of the Terminus 1 Variation would cross over mineable coal reserves , which
would require future relocation of the railroad as mining progresses. The proximity of the
Terminus 1 Variation to central portions of mineable coal reserve areas is shown on
Figure 5. The fact that this variation would be constructed over mineable coal reserves
in the Ashland area provides a significant disqualifying factor for this variation.
Construction of the Terminus 1 Variation would require about 0.8 more mile of new
railroad construction than the proposed alignment.
The Terminus Point 1 Variation does not parallel the existing transportation corridor of
Tongue River Road as this segment of the Northern Alternatives does.
The Terminus 1 Variation route would run about 5 miles against adverse grades (uphill),
compared to about 4.1 miles on the corresponding segment of the proposed alignment.
Due to the topography encountered, construction of the Terminus 1 Variation route is
estimated to require about 8.8 million more cubic yards of excavation and embankment
construction compared to the proposed alignment.
22 1 TranSystems I Hanson
TRR_Supplement_to_Aitematives_Screening_Analysis_2013_ 04_ 30. docx
Primarily due to the added length and the substantial additional earthwork, construction
of the Terminus 1 Variation is estimated to cost about $65 Million more than the
corresponding segment of the proposed alignment.
5. Conclusion
Based on the analyses presented above, the Decker 1 and 2 Alternatives do not meet the
stated purpose of the project to provide efficient transportation of coal from the mines in the
Otter Creek area to the primary anticipated destinations for the coal in the Upper Midwest and
Pacific Northwest. The Decker 1 Alternative and Decker 2 Alternative merit prompt
disqualification due to the substantial transportation mileage penalty these routes would impose
on the Ashland/Otter Creek coal. In addition, these alternatives, the Ashland East Variation,
and the Terminus 1 Variation all appear to encounter substantial engineering, construction, and
operating disadvantages in comparison to the proposed Colstrip Alternative Alignment. Further,
there do not appear to be any apparent offsetting benefits to these alternatives.
23 I TranSystems I Hanson
TRR_Supplement_to_Aiternatives_Screening_Analysis_2013_04_30.docx
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TRRC MOU
Danie!le Gosse;Hn
TRRCMOU.pdf
Thanks,
Danielle
Danielle Gosselin
Attorney Advisor
Office of Environmental Analysis
Surface Transportation Board
Tel: (202) 245-0300
11/20/2012 04:38PM
MEMORANDUM OF UNDERSTANDING
AMONG
SURFACE TRANSPORTATION BOARD,
TONGUE RIVER RAILROAD COMPANY, INC.
ICF JONES & STOKES, INC.
At~D
RE:
I.
On October 16, 2012, Tongue River Railroad Company, Inc. (TRRC or Applicant)
filed an application in Finance Docket No. 30186 seeking authorization from the
Surface Transportation Board (Board) to construct and operate an approximately
80 mile rail line which would have a northern terminus at an existing BNSF
Railway Company (BNSF) line near Miles City, MT, and two southern termini,
one near the site of the previously planned Montco mine near Ashland, MT, and
another at the proposed Otter Creek mine in the Otter Creek area east of Ashland,
MT. BNSF, a part owner ofTRRC's parent company, Tongue River Holding
Company, LLC,joined the application as the expected operator of the proposed
rail line.
B.
1506.5(c), 49 C.P.R. 1105.4G), and 1105.10(d), the Board, through its Office of
Environmental Analysis (OEA), has selected and Applicant has agreed to engage,
at Applicant's expense, ICP Jones & Stokes, Inc., a Delaware corporation
(Contractor) as the Independent Third Party Contractor for this proposal.
Contractor shall assist OEA in conducting the environmental review and
preparing the environmental documentation 1 related to the Applicant's proposal.
Contractor's scope of work, approach, and activities shall be under the sole
supervision, direction, and control ofOEA.
C.
D.
The Applicant, Contractor, and OEA agree to work within the framework
of this MOU to develop an efficient method to complete the
environmental review for the proposed application. OEA shall maintain
overall responsibility for the documentation, analysis, methodology,
consultation, and mitigation related to the environmental review process.
OEA shall direct, evaluate, oversee, and approve the environmental review
process.
The terms "environmental documentation" and "environmental document(s)" embrace draft, supplemental, and final EAs,
EISs, and any other reports, studies, surveys, or related documents.
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II.
Document Process
OEA will prepare on behalf of the Board, the draft environmental document (EA or EIS)
for agency and public review. OEA will independently draft mitigation, based on its
review of potential environmental impacts of the project.
III.
Any contract between Applicant and Contractor, and any subcontracts, shall be
consistent with the provisions of this MOU.
B.
The terms of this MOU shall override any contradictory or conflicting terms
regarding the scope and performance of any work to be conducted under any
contract entered into between Applicant and Contractor; provided, however, that
the foregoing shall not limit the rights of Applicant and Contractor to contract on
terms which require that the work be performed cost-effectively.
C.
The contract between Contractor and Applicant shall specifically provide, and
Contractor shall represent, that ( 1) Contractor and any subcontractors do not and
shall not have any financial or economic interest in Applicant or any entity or
person directly or otherwise affiliated with Applicant (including but not limited to
any of the three entities that own Applicant's parent) except for payment for
services rendered in connection with the preparation of all required environmental
docurnentation, and except for services rendered pursuant to other agreements not
prohibited by this MOU, and (2) there is no agreement between Applicant, or any
other person or entity and Contractor regarding future employment that is
contingent upon Contractor's performance under this contract. Contractor shall
concurrently execute a disclosure statement as mandated by the regulations of the
Council on Environmental Quality (CEQ) (40 C.F.R. 1506.5(c)) and submit it to
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both OEA and Applicant, before beginning any work under OEA's direction. It is
understood that Contractor and any subcontractors have not done any
environmental analysis related to the application for Applicant, or for any other
person or entity (including but not limited to any of the three entities that own
Applicant's parent), and, therefore, can be retained as independent third party
contractor(s).
D.
(1)
(2)
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E.
Applicant shall bear the costs incurred by Contractor, and by any subcontractor
approved by OEA in accordance with Section III.A, in preparing the required
environmental documentation to implement NEPA and related environmental
laws under the direction of OEA. Applicant agrees to hold harmless and
indemnify the United States of America and the Board with respect to any and all
claims, demands, causes of action, and the like, which may arise in performing
the work under the contract between Contractor and Applicant.
F.
Any contract between Contractor and Applicant shall specifically limit any
remedies available to Contractor or subcontractors upon termination of the
contract to affirmatively relieve the United States of America, the Board, and any
officer, agent, or employee, from any liability from terminating the contract.
IV.
Contractor Responsibilities
A.
B.
(2)
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(4)
(5)
(6)
(7)
C.
(2)
(3)
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D.
Contractor shall perform the work in a timely, responsive, satisfactory, and costeffective manner, pursuant to a work schedule developed with OEA in
coordination with Applicant and approved by OEA.
E.
F.
Contractor will submit directly to OEA any and all work Contractor performs in
preparing all required environmental documentation, studies, surveys, etc.
Contractor, and any subcontractors, shall not disclose the results of their work nor
release any of the underlying work papers, drafts, or other materials prepared
under the contract to anyone, including Applicant, without OEA's express
authorization. In no case shall Applicant be provided the opportunity to modifY
or edit Contractor's work prior to submission to OEA, without OEA's express
authorization.
G.
Contractor shall follow the directions and instructions of OEA, and incorporate
them into the environmental document(s) in a timely and responsive manner.
Contractor shall submit preliminary and final drafts of any documents to OEA for
final review and approval.
H.
Contractor shall provide OEA access to and the right to review all procedures and
underlying data used in Contractor's development and preparation of any and all
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I.
Contractor, and any approved subcontractors, shall cooperate fully with OEA in
organizing, participating in, and conducting any public workshops, informational
meetings, and other meetings, as OEA determines are necessary, to foster public
understanding of and/or participation in the environmental review process, and to
assess potential environmental impacts and develop mitigation measures related
to the application.
J.
K.
L.
The Contractor's Project Director, Project Manager, and other technical experts,
as appropriate, shall be available to attend all meetings, briefings, consultations,
and site visits as OEA deems necessary. The Project Director and the Project
Manager shall devote as much time to environmental review of the application as
is necessary to assure Contractor's performance of its responsibilities under this
MOU. This work commitment wiil extend for the entire time necessary to
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M.
N.
0.
Contractor shall provide any administrative and technical support that may be
needed to assist OEA in reviewing, summarizing, and responding to
environmental issues arising after issuance of the final environmental
documentation, including in connection with Board decisions, correspondence,
filings before the Board and by the Board in court in connection with any judicial
review of the Board's decisions, and other inquiries involving environmental
issues associated with the Applicant's proposal.
V.
Applicant Responsibilities
A.
B.
Applicant, including its staff and representatives, shall provide to OEA and
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C.
Applicant shall cooperate fully with OEA in organizing and participating in any
public workshops, hearings, and meetings, as OEA determines are necessary (1)
to foster public understanding and/or participation in the environmental review
process, and (2) to assess potential environmental impacts and mitigation
measures related to the application.
D.
E.
Applicant shall provide complete, accurate, relevant, and timely responses to all
reasonable requests for information pertaining to the application to the Board, the
Operating Plan, and the environmental aspects and effects of the proposed rail
construction and operation.
F.
In the event of any litigation resulting from the environmental analysis in this
proceeding, OEA shall at that time determine the need for and terms of
Contractor's services in connection with any litigation.
VI.
Board/OEA Responsibilities
A.
The Board is responsible for ensuring compliance with the requirements ofNEPA
and other applicable environmental statutes and regulations by preparing
appropriate environmental documentation.
B.
OEA shall:
(1)
I
,I
I
(2)
(3)
(4)
C.
OEA will periodically review the work of Contractor to ensure that the Board's
responsibilities under NEPA and related environmental laws and regulations are
being satisfied. As each portion of any draft or final document is completed,
OEA staff shall review and approve that portion and those tasks completed,
and/or direct further work with regard to that portion or task.
D.
E.
F.
G.
OEA, with the assistance of Contractor, will be responsible for organizing and
conducting any public workshops or meetings that may be necessary in preparing
environmental documents during the environmental review process.
H.
OEA, with the assistance of Contractor, will receive all relevant comments
submitted during the environmental review process and comment period. At the
close of any public review and comment period, OEA, in consultation with
Contractor, shall identify the issues and comments that will require a response
from the Board. OEA may direct these comments to Applicant and to Contractor,
as appropriate, to be included in the tina! environmental document. OEA may
modify these responses as appropriate.
I.
OEA, with the assistance of Contractor, shall prepare final recommendations for
the Board.
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J.
VII.
Work Plan
A.
Contractor, in consultation with OEA and Applicant, shall submit a draft Work
Plan to OEA for preparing the required environmental documentation within
thirty (30) days after all parties have signed this MOV. The draft Work Plan shall
contain at least the following elements:
(1)
(2)
(3)
(4)
B.
Following receipt of the draft Work Plan, OEA, in consultation with Contractor
and Applicant, shall finalize the Work Plan in a timely manner.
C.
Subsequent to consultation with Contractor and Applicant, OEA may amend the
Work Plan from time to time as the environmental review of the application may
necessitate. The parties hereto shall consult at least once every two weeks to
confirm that the work is being performed in the most efficient and cost-effective
manner and to consider possible measures to improve the efficiency and costeffectiveness of performance of the work.
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VIII. Disputes
Disputes between the parties may arise regarding the environmental review process,
including approach, methodology, analysis, conclusions, and performance of the
obligations of the parties to this MOU. The parties agree to seek resolution of disputes
among the individuals or parties directly involved. In the event that resolution is not
achieved, the parties agree to make further attempts at resolution before bringing the
dispute to the next supervisory level, and all individuals or parties directly involved shall
be notified in the case of such a referral to the next supervisory level. In addition, the
parties may seek independent facilitation or mediation to assist in resolving disputes in
the event that resolution is not achieved.
L"'\.:.
Applicant or Contractor shall notify OEA of any concerns either party might have
with respect to the other party's performance under the contract between
Applicant and Contractor or this MOU. All parties will attempt to resolve, in
good faith, any disputes or disagreements.
B.
C.
Both Applicant and Contractor shall immediately notify OEA of any attempt by
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X.
Modification
This MOU may be modified only by written amendment executed by OEA, Applicant,
and Contractor.
~:,:e f!if#
_jj__-
Date:
/5"- ).)12
By:
.~V\.;~~
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