NOTICES
DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Federal Consistency under the Coastal Zone Management Act; CSX Transportation, Inc. Rail Abandonment
[52 Pa.B. 4044]
[Saturday, July 16, 2022]This notice is published under section 306(d)(14) of the Federal Coastal Zone Management Act of 1972 (CZMA) (16 U.S.C.A. § 1455(d)(14)), relating to public participation in consistency determinations. The Department of Environmental Protection (Department) Coastal Resources Management Program has received notice that CSX Transportation, Inc. (applicant) is proposing to abandon a section of railroad in Erie County (Project).
The applicant proposes to abandon the approximately 0.5-mile rail line that runs between Val Sta. 1576+25 and Val Sta. 170+35 on its Great Lakes Division, Erie West Subdivision, in Erie County, PA (the Line). The Line runs through the United States Postal zip code 16507. The right-of-way (ROW) width along this ROW is approximately 90 feet wide. The Line begins at 200+ east of Holland Road. It continues in a southwestern direction past Access Road and State Street. It continues west and turns slightly north just before ending slightly past Peach Street.
Abandonment of the Line will result in the removal of the rail, crossties and possibly the upper layer of ballast. The applicant is not proposing to disturb any sub grade or sub grade structures. Trail related structures, such as bridges, trestles, culverts and tunnels will not be salvaged, and the operation and maintenance of the Line will cease.
Upon receiving abandonment authority, removal of material will be accomplished by use of the ROW for access. New access roads are not contemplated. The applicant is not proposing to disturb any of the underlying roadbed or perform any activities that would cause sedimentation or erosion of the soil and does not anticipate any dredging or use of fill in the removal of the track material. The applicant proposes to transport crossties or other debris, or both, away from the Line and will not discard them along the ROW or place or leave them in streams or wetlands, or along the banks of such waterways. During track removal, the applicant proposes to implement appropriate measures to prevent or control spills from fuels, lubricants or any other pollutant materials from entering any waterways. The applicant is seeking authorization under 49 U.S.C.A. § 10903 from the United States Surface Transportation Board (STB Docket No. AB-55 (Sub-No. 806X)) to abandon this section of rail line.
This Project is subject to Department review for Federal consistency because it is an activity requiring a Federal license or permit and will have reasonably foreseeable effects on this Commonwealth's coastal resources or uses.
In accordance with section 307 of the CZMA (16 U.S.C.A. § 1456) and the National Oceanic and Atmospheric Administration (NOAA) regulations at 15 CFR Part 930, Subpart D (relating to consistency for activities requiring a Federal license or permit), the applicant has certified that the proposed activity will be conducted in a manner consistent with the applicable enforceable policies of the Commonwealth's NOAA-approved Coastal Resources Management Program. Interested parties may request a copy of the Federal Consistency Certification from the Department contact listed as follows.
Questions regarding this review can be directed to Matthew Walderon, Federal Consistency Coordinator, at RA-Fed_Consistency@pa.gov or (717) 772-2196.
The Department will consider all comments received on or before Monday, August 1, 2022, before issuing a final Federal consistency concurrence or objection. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail, must include the commentator's name and address. Commentators are encouraged to submit comments using the Department's online eComment tool at www.ahs.dep.pa.gov/eComment. Written comments can be submitted by e-mail to ecomment@pa.gov or by mail to the Department of Environmental Protection, Policy Office, 400 Market Street, P.O. Box 2063, Harrisburg, PA 17105-2063.
RAMEZ ZIADEH,
Acting Secretary
[Pa.B. Doc. No. 22-1056. Filed for public inspection July 15, 2022, 9:00 a.m.]
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