STB ISSUES DM&E FINAL "SEIS"

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>From the Surface Transportation Board, Washington, D.C.
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SURFACE TRANSPORTATION BOARD ISSUES FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT
STATEMENT ON “DAKOTA, MINNESOTA & EASTERN’S” POWDER RIVER BASIN EXPANSION
PROJECT


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 Final Supplemental Environmental Impact Statement
(Final SEIS) on the Powder River Basin Expansion Project proposed by the
Dakota, Minnesota & Eastern Railroad (DM&E).

Issuance of this Final SEIS completes the Board’s environmental review
process.  The Board now will make a final decision on the proposed
project.  In accordance with the regulations of the President’s Council on
Environmental Quality, no agency decision on the proposed action may be
made until 30 days after EPA publishes its Notice of Availability of the
Final SEIS.  In the interest of bringing this matter to closure, the Board
will act promptly following the required waiting period.

The Final SEIS issued today may be viewed and downloaded by clicking this
hotlink:  Dakota, Minnesota & Eastern Railroad Corporation Construction
into the Powder River Basin, STB Finance Docket No. 33407
[http://www.stb.dot.gov/decisions/readingroom.nsf/51d7c65c6f78e79385256541007f0580/ad8e61563124a21e852570e4006d3cee?OpenDocument].  The
 Final SEIS is available for viewing and downloading via the Boards Web
site at http://www.stb.dot.gov, under E-Library, then under Decisions &
Notices, beneath the date “12/30/05.”

For further information, telephone SEA’s DM&E Final SEIS project manager,
Victoria Rutson, at (202) 565-1545.  A printed copy of the Final 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

Fact Sheet

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

After the 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.  However, the court directed
the Board to give further consideration to four environmental
issues:  whether mitigation for increased horn noise is warranted; the
relationship between vibration and horn noise; potential increased coal
usage and related air emissions that could result from this project; and
ensuring that the Programmatic Agreement governing the historic review is
executed.

This Final SEIS reflects SEA’s independent analysis on the four issues
remanded (returned to the Board) by the court and incorporates input from
agencies, Tribes, organizations, environmental groups, businesses, and
members of the general public.  It also responds to the comments received
on the Draft SEIS, which was issued on April 15, 2005, and presents SEA’s
final conclusions and mitigation recommendations, should the Board decide
to again approve the Powder River Basin Expansion Project.

The Final SEIS has been mailed to key reviewing agencies, Tribes, elected
officials, parties of records, and other interested citizens.  It is also
available for review in the reference section of over 90 public
libraries.  The entire document can be found on the Board’s Web site.


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