Surface Transportation Board Issues Draft Supplemental Environmental Impact Statement on "Dakota, Minnesota & Eastern's" Powder River Basin Expansion Project

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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation Board announced today that its Section of
Environmental Analysis (SEA), in cooperation with five Federal agencies
(the U.S. Department of Agriculture, Forest Service; the U.S. Department of
Interior, Bureau of Land Management; the U.S. Army Corps of Engineers; the
U.S. Department of Interior, Bureau of Reclamation; and the U.S. Coast
Guard), has issued a Draft Supplemental Environmental Impact Statement
(Draft SEIS) on the Powder River Basin Expansion Project proposed by the
Dakota, Minnesota & Eastern Railroad (DM&E).


The public is invited to submit written comments addressing the issues
considered by the Board in the Draft SEIS.  Commenters should submit an
original for comments five pages or fewer in length and, for comments
exceeding five pages, an original plus 10 copies.  All comments must be
postmarked by June 6, 2005 to:

Case Control Unit
Finance Docket No. 33407
Surface Transportation Board
1925 K Street, N.W.
Washington, DC  20423-0001

Please write the following in the lower left hand corner of the envelope:

Attention: Victoria Rutson
Section of Environmental Analysis

SEA will consider timely and relevant comments in preparing a Final SEIS,
which will include SEA's final conclusions on the four remanded issues and
any additional mitigation that SEA might recommend.  The Board will then
make its final decision regarding this project and any environmental
conditions it might impose.


The Draft SEIS issued today in Dakota, Minnesota & Eastern Railroad
Corporation Construction into the Powder River Basin, STB Finance Docket
No. 33407, is available for viewing and downloading via the Board's Web
site, at http://www.stb.dot.gov, by clicking on this hotlink: STB Finance
Docket No. 33407 (alternatively, users may access the Draft SEIS by
clicking the "E-Library" button on the home page; then the "Decisions &
Notices" selection on the dropdown that will appear; then, when the next
page appears, under "4/15/2005," click the case abbreviation, "FD 33407 0
").  For further information, telephone SEA's DM&E Draft SEIS project
manager, Victoria Rutson, at (202) 565-1545.  A printed copy of the Draft
SEIS also is available for a fee by contacting ASAP Document Solutions,
9332 Annapolis Rd., Suite 103, Lanham, MD 20706, telephone (202) 306-4004,
or via asapdc@xxxxxxxxxxxx  A fact sheet is attached.


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ATTACHMENT
_______________
ATTACHMENT

Fact Sheet

Dakota, Minnesota & Eastern Railroad Corporation Construction into the
Powder River Basin, STB Finance Docket No. 33407


After the Surface Transportation Board gave final approval to the Powder
River Basin Expansion Project in 2002, various parties sought judicial
review.  In Mid States Coalition for Progress v. STB, 345 F.3d 520 (8th
Cir. 2003), the court upheld the Board with respect to all of the
transportation issues and most of the environmental issues that were
raised.  But it directed the Board to give further consideration to the
environmental impacts of increased horn noise, the relationship between
vibration and horn noise, and potential increased coal consumption in the
region to be served by the Dakota, Minnesota & Eastern Railroad
(DM&E).  The court also found that the Programmatic Agreement setting forth
the Board's approach to the historic review required by the National
Historic Preservation Act should have been executed prior to the time the
Board granted a license to DM&E in this case. This Draft Supplemental
Environmental Impact Statement (Draft SEIS) reflects SEA's independent
analysis of each of the four issues remanded (returned to the Board) by the
court.

SEA has distributed the Draft SEIS to key reviewing agencies, American
Indian Tribes, state governors, elected officials, parties of record
(official participants), and other interested citizens.  In addition, it
will be available in the reference sections of the more than 80 public
libraries listed in Appendix G of the Draft SEIS.  The entire document also
is available on the Board's Web site.


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