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Fw: [speeders] Fwd: (totalcsx) Fwd: STB 'Abandon Ship' dept. - CSXT in Copperhill TN

Lacking an author's name or accompanying commentary, I found this post rather suspicious looking.  Hence, I haven't opened the attachment.
 
Anyone recognize the originator's email address? 
 
----- Original Message -----
Sent: Tuesday, November 05, 2002 4:04 PM
Subject: [speeders] Fwd: (totalcsx) Fwd: STB 'Abandon Ship' dept. - CSXT in Copperhill TN


--- Begin Message --- 

Note: forwarded message attached.


=====
Raymond Stewart
stewarttrains_98@yahoo.com
Visit my web site about trains at:
http://www.raymondstrainpages.00server.com

__________________________________________________
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--- Begin Message --- 

Full Text of Decision

33123

SERVICE DATE - NOVEMBER 4, 2002

DO

SURFACE TRANSPORTATION BOARD

DECISION AND NOTICE OF INTERIM TRAIL USE OR ABANDONMENT

STB Docket No. AB-55 (Sub-No. 588X)

CSX TRANSPORTATION, INC. -ABANDONMENT EXEMPTION- IN POLK AND McMINN COUNTIES, TN

Decided: October 30, 2002


By decision and notice of interim trail use or abandonment (NITU) served on 
April 24, 2002, the
Board, under 49 U.S.C. 10502, exempted from the prior approval requirements of 
49 U.S.C. 10903, the
abandonment by CSX Transportation, Inc. (CSXT), of a 43.47-mile portion of its 
line of railroad in
the Southern Region, Atlanta Division, Etowah Old Line Subdivision, between 
milepost OKX 339.00 in
Etowah and milepost OKX 382.47 in Copperhill, in McMinn and Polk Counties, TN, 
subject to
environmental, trail use, (1) public use, and standard employee protective 
conditions. Before the
decision authorizing abandonment became effective, the Southeast Local 
Development Corporation, on
behalf of Old Line Coalition (collectively referred to as SLDC) timely filed an 
offer of financial
assistance (OFA) under 49 U.S.C. 10904 and 49 CFR 1152.27 to purchase the line. 
(2)

On July 11, 2002, SLDC informed the Board that the parties had reached an 
agreement for SLDC to
acquire the line outside of the OFA process and requested that its OFA be 
withdrawn. SLDC also
requested that SLDC be substituted for Polk County as the interim trail user. 
By decision and notice
served on July 19, 2002, the OFA process in this proceeding was terminated and 
the May 9 decision
was vacated to the extent it postponed the effective date of the abandonment 
exemption to permit the
OFA process to proceed and a replacement NITU applicable to SLDC as interim 
trail user was issued,
effective on the service date of the decision and notice.

By letter filed on October 23, 2002, Tennessee Overhill Association (TN 
Overhill) requests to be
substituted for SLDC as the interim trail user. TN Overhill states that SLDC 
and CSXT agree with the
requested substitution and that CSXT and TN Overhill have reached an agreement 
for interim trail
use/rail banking. TN Overhill has submitted a statement of willingness to 
assume financial
responsibility which conforms to the requirements for implementing 16 U.S.C. 
1247(d), as set forth
in 49 CFR 1152.29, and has made the required showing under 49 CFR 1152.29(f) 
for substitution of
interim trail user. Accordingly, the requested relief will be granted.

This decision does not significantly affect either the quality of the human 
environment or the
conservation of energy resources.


It is ordered:

1. A replacement NITU applicable to TN Overhill as interim trail user is 
issued, effective on the
service date of this decision and notice.

2. The new trail user is required to assume, for the term of the agreement, 
full responsibility for
management of, any legal liability arising out of the transfer or use of 
(unless the user is immune
from liability, in which case it need only indemnify the railroad against any 
potential liability),
and for the payment of any and all taxes that may be levied or assessed 
against, the right-of-way.

3. Interim trail use/rail banking is subject to the future restoration of rail 
service and to the
new user's continuing to meet the financial obligations for the right-of-way.

4. If the new trail user intends to terminate trail use, it must send the Board 
a copy of this
decision and request that it be vacated on a specified date.

5. This decision is effective on its service date.



By the Board, David M. Konschnik, Director, Office of Proceedings.



Vernon A. Williams
Secretary 

-----
1. The Board authorized a 180-day period for Polk County to negotiate an 
interim trail use/rail
banking agreement with CSXT under the National Trails System Act, 16 U.S.C. 
1247(d). 

2. By decision served on May 9, 2002 (May 9 decision), SLDC was found 
financially responsible and
the effective date of the exemption authorizing the abandonment was postponed 
in order to permit the
OFA process to proceed.
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