Railroad Surface Transportion Bd filing
City Manager's Office
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4110 phone
(563) 589-4149 fax
ctymgr@cityofdubuque.org
THE CITY OF (+~~
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May 31,2006
Hon. Vernon A. Williams, Secretary
Surface Transportation Board
1925 K Street, NW.
Washington, D.C. 20423-0001
Re: Finance Docket No. 34177
Iowa, Chicago & Eastern Railroad Corporation
Acquisition and Operation Exemption - Lines of I & M Rail Link, LLC
Finance Docket No. 34178
Dakota, Minnesota, & Eastern Railroad Corporation
Cedar American Rail Holdings, Inc. - Control- Iowa, Chicago & Eastern
Railroad Corporation
Dear Secretary Williams,
I am writing to file a pleading in response to the petition of the Iowa, Chicago &
Eastern Railroad Corporation (I C & E) and the Dakota, Minnesota & Eastern
Railroad Corporation (DM & E) dated May 11, 2006 and filed on May 12, 2006 to
reopen and partially modify conditions of the aforementioned dockets.
Specifically the request to modify the conditions issued in 2002 by the Surface
Transportation Board (STB) that prohibit" . . . anv trains movina to or from the
line approved for new construction in DM & E Construction over what are now
IMRL lines until we (DM& E) have conducted anv appropriate environmental
review and issued a further decision permittina such operations." At that time the
STB directed the DM & E and IC & E to file "information reaardina anticipated
Servln'
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additional trains handlina traffic on the new line" and to indicate "what level of
environmental review" would be appropriate to address the cumulative effects of
such traffic.
I am requesting that the STB not grant a waiver of the conditions as
originally issued in the 2002 decision. It is to my understanding the STP's
original intent of the IC & E routing restriction was to ensure a full environmental
study of the impacts which could be expected from allowing coal traffic onto a
route passing through Dubuque and other Iowa communities. Until recently, the
City of Dubuque, Iowa was not aware of the OM & E railroad's intent to
significantly expand train traffic along the former IC & E rail lines as a result of
coal traffic originating from the planned new line into the Powder River Basin
(PRB) of northeastern Wyoming. Since 2002 OM & E, as part of its acquisition of
IC & E railroad, has indicated its intent to use existing IC & E rails to route coal
traffic, but has made no attempt until April 2006 to respond to inquiries made
from Dubuque about the impact this increased traffic would have on our
community. Rather, OM & E has filed a waiver request seeking relief from the
environmental review condition so that it may proceed with obtaining the
financing needed to construct the new PRB line and provide assurances to new
customers and new markets they hope to serve. In their waiver request OM & E
states" . . . in no circumstance will OM & E route any coal traffic from its new
PRB Line via IC & E's lines prior to 2009." They further state that" . . . by that
time, the environmental review (if any) . . . should be completed, and any
appropriate and legal mitigation conditions will be in place." Since OM & E has
only recently begun to dialog with Iowa communities about the impact increased
coal traffic will have on their community, I do not believe it is realistic to state that
these matters, in particular environmental review and mitigation, will be resolved
by 2009.
The City of Dubuque, Iowa is the oldest city in Iowa. Dubuque rests along the
banks of the Mississippi River. The Mississippi River is the third largest river in
the world and it drains nearly two-thirds of the continental United States. The
former IC & E rail lines run through the City of Dubuque separating our riverfront
from the rest of the city in two significant locations: the Northend/Kerper
Boulevard area and a peninsula known as the Port of Dubuque.
The Northend/Kerper Boulevard area is located in the northeast portion of
Dubuque. Significant structures in this area include an Army Corps of Engineer
Lock and Dam, the City of Dubuque Municipal Services Center which provides
critical infrastructure support for such city services as street maintenance, water
distribution and solid waste removal, the City of Dubuque Water Distribution
Center which provides water distribution for the entire city, Sutton Pool,
McAleece Recreation Complex which includes a boat launch and youth and adult
sports areas and the Kerper Boulevard Industrial Park which is home to several
Fortune 500 companies and approximately 3,200 employees. Also located in
this area are the on/off ramps to the lowa/Wisconsin Bridge. Service delivery,
particularly Police, Fire and Ambulance emergency response to and from this
area will be significantly compromised with increased train traffic.
The Port of Dubuque is home to a $188 million project known as America's River.
The America's River development, is a result of a public/private partnership and
includes a number of facilities and attractions including the Grand River
Conference Center, Mississippi Riverwalk, the American Trust Rivers Edge
Plaza, the Alliant Energy Amphitheater and most importantly the National
Mississippi River Museum and Aquarium (NMRMA). Attached is a map of the
Port of Dubuque for your review. The Port of Dubuque welcomes over 1.5 million
tourists annually. Plans are already underway for America's River project Phase
II which is anticipated to draw additional visitors to the area.
The impact of increase coal traffic along the former IC &E rail lines will present
significant environmental and safety issues for the Port of Dubuque and the
Northend/Kerper Boulevard area as well as the city of Dubuque.
Safetv Issues
Currently the City of Dubuque averages 18 trains in a 24-hour period along this
line. A recent study conducted by a regional transportation agency showed that
traffic delavs from current train traffic can last as lonq as 21 minutes per train.
Our information suggests that this delay will increase significantly should
additional train traffic be allowed to use this line. It has been estimated that up to
an additional 17 trains per day each way may use this line as the result of the
PRB expansion project. Not only do these delays impact local traffic, they impact
regional traffic as well. State Highway 151/61 runs adjacent to the rail line with
on and off ramps from the highway system feeding into local collector streets,
including those that feed the Port of Dubuque street system. Twenty-one minute
delays create a significant hazard for traffic in and around the Port of Dubuque.
In addition, twenty-one minute delays create a serious threat to emergency
response vehicles that need access to and from the Port of Dubuque and the
Northend/Kerper Boulevard area.
Environmental Issues
The NMRMA is the only national interpretive center for the Mississippi River.
The museum and aquarium tells the important story of the Mississippi River and
its habitat. From the wetlands, to backwater marshes to the bayou, the NMRMA
provides important educational programming about the significance of the river to
our nation's past, present and future. The NMRMA has joined in partnership with
fourteen federal agencies, most notably US Fish and Wildlife, and also with the
Smithsonian, to tell the important story of this globally significant river. In
addition, the NMRMA is the first aquarium on the inland waterways to be
designated a Coastal America Ecosystem Learning Center because of the
relationship between the Mississippi River and the Gulf of Mexico. Included on
the campus of the NMRMA is the Wm. Black Steamboat, one of three designated
National Landmarks in Dubuque and one of only twenty-four in the State of Iowa.
,
Also located on the campus is the former Burlington Northern railroad depot,
constructed in 1888 and restored in 2003. This depot lies adjacent to the active
rail line. Lastly, the Port of Dubuque is also home to the Dubuque Star Brewery
and the Historic Shot Tower. The Shot Tower is currently listed on the National
Register of Historic Places and the State of Iowa Landmarks list and designation
as a National Landmark is underway.
Just south of the Port of Dubuque is a 1200 acre nature preserve known as the
Mines of Spain which includes the Julien Dubuque Mines, also a National
Landmark. Established by Native American tribes over thousands of years ago,
this nature preserve is noted for both its archeological significance and also for
its natural beauty. A one of a kind nature preserve in the state, it is managed
through a unique partnership of the City and State of Iowa department of Natural
Resources. The Mines of Spain provides an area for biking, hiking, canoeing
and outdoor educational programming.
As mentioned, the Port of Dubuque, the Mines of Spain and the North
End/Kerper Boulevard area are situated adjacent to the rail line and will feel a
direct impact by the increase of coal traffic on the line. The City is also
concerned about the impact of noise from the coupling/decoupling of railroad
cars and the lack of maintenance on wheels that causes noise as they move.
These are tourist, educational, historic and conservation areas that will be
significantly and negatively impacted by coal traffic. Environmental mediation to
,
address public safety and environmental concerns needs to be carefully and
judiciously designed and implemented to safeguard against increased coal traffic.
According to the OM & E waiver request "It is difficult to market or finance without
viable, confirmed routing options. Customers need assurances not just that we
can reach a market - particularly in markets like Chicago." In the same way, it is
difficult for cities such as Dubuque to rely simply on the word of the OM & E that
'Yhe environmental review (if any) . . . should be completed, and any appropriate
and legal mitigation conditions will be in place." In 2002 the STB recognized the
importance of the impact that the Powder River Basin project would have on
DM&E and its ability to increase its market as well as the impact this increased
customer base would have on communities where train traffic would be
increased. Since 2002 the OM & E has received directives on the appropriate
steps necessary to protect the environment and safety of these communities, but
has taken few steps to initiate a dialog with other potentially impacted
communities related to the new filing. Additionally, the OM & E petition does not
specify what amount of train traffic might move from the OM & E mainline onto
the IC & E line impacting Dubuque and other Iowa communities. The dialog
began only as a result of obstacles the DM&E faced in trying to obtain financing
for the Powder River Basin project. I urge you to preserve the measures put in
place by the STB in 2002 and deny the waiver request of OM & E.
Thank you for your time and consideration in this matter. Please feel free to
contact me at 563-589-4110 if you have any questions or concerns regarding this
information.
s;"re'tWG~~
Michael C. Van Milligen
City Manager
Attachments
Cc: Mayor Roy D. Buol
Dubuque City Council Members
Senator Charles Grassley
Senator Tom Harkin
Congressman Jim Nussle
Dubuque County Board of Supervisors
Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Heiar, Economic Development Director
Bill Baum, Greater Dubuque Development Corporation
Kelley Hutton Deutmeyer, East Center Intergovernmental Association
Steward Sandstrom, Dubuque Area Chamber of Commerce
Jerry Enzler, National Mississippi River Museum and Aquarium
Teri Goodman, National Mississippi River Museume and Aquarium
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