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The U.S. Army Corps of Engineers, Omaha District, (Corps) is evaluating a permit application for permanent and temporary impacts to approximately 0.0157 acre of an irrigation canal and approximately 8.4 acres of wetlands adjacent to Beaver Creek, waters of the United States, for subgrade stabilization activities along approximately 12,800 feet of mainline and siding infrastructure along the BNSF Milk River Subdivision. This notice is to inform interested parties of the proposed activity and to solicit comments.

The U.S. Army Corps of Engineers, Omaha District, (Corps) is evaluating a permit application for permanent and temporary impacts to approximately 0.0157 acre of an irrigation canal and approximately 8.4 acres of wetlands adjacent to Beaver Creek, waters of the United States, for subgrade stabilization activities along approximately 12,800 feet of mainline and siding infrastructure along the BNSF Milk River Subdivision. This notice is to inform interested parties of the proposed activity and to solicit comments.

PUBLIC NOTICE

Omaha District

Application No: NWO-2017-00276-MTB Applicant: BNSF Railway Waterway: Beaver Creek Issue Date: July 11, 2017 Expiration Date: August 10, 2017 30 DAY NOTICE Post Office Box 7032, Billings, Montana 59103

JOINT PUBLIC NOTICE FOR PERMIT APPLICATION SUBMITTED TO U.S. ARMY CORPS OF ENGINEERS AND MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBJECT: The U.S. Army Corps of Engineers, Omaha District, (Corps) is evaluating a permit application for permanent and temporary impacts to approximately 0.0157 acre of an irrigation canal and approximately 8.4 acres of wetlands adjacent to Beaver Creek, waters of the United States, for subgrade stabilization activities along approximately 12,800 feet of mainline and siding infrastructure along the BNSF Milk River Subdivision. This notice is to inform interested parties of the proposed activity and to solicit comments. This notice may also be viewed at the Corps web site at: http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana/PublicNotices.aspx AUTHORITY: This application is being evaluated under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States. APPLICANT: BNSF Railway Company 80 44th Avenue NE Minneapolis, Minnesota 55421 LOCATION: The approximately 41-acre project site starts near Latitude 48.473597°, Longitude 107.399033°, within Section 2, Township 31 N, Range 33 E, and ends near Latitude 48.473597°, Longitude -107.399033°, within Section 7, Township 31 N, Range 34 E, near Beaver Creek, Phillips County, Montana. There is approximately 150 linear feet of Beaver Creek, 150 linear feet of the Nelson South Number 9 Canal and 9.76 acres of emergent wetlands within the 150 foot wide corridor defined as the project area. PROJECT DESCRIPTION: The Project would involve subgrade stabilization of approximately 12,800 feet of existing track embankment along both sides of existing mainline and siding infrastructure. Stabilization would involve the construction of side or toe buttresses along each side of the existing track along with the installation of lateral trench drains to remove water within the existing embankment. The majority of the project will occur with the existing BNSF right-of-way. No work will occur within Beaver Creek.

U.S. ARMY CORPS OF ENGINEERS ­ OMAHA DISTRICT http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana.aspx

CENWO-OD-RMT

Page 2

Action ID: NWO-2017-00276-MTB

The applicant's preferred alternative would result in permanent impacts to 8.427 acres of emergent wetlands. The applicant's stated project purpose is to alleviate track instability, safety and reliability concerns within the project area. BNSF Railway has identified the need to mitigate drainage and stability issues near Saco, Montana along its Milk River Subdivision. The track embankment along the existing mainline and Saco Siding in the area of Mile Post (MP) 319 to MP 316.7 has had severe track stability issues identified due to subgrade drainage issues. The attached drawings provide additional project details. ADDITIONAL INFORMATION: Alternatives. The applicant has/has not provided information concerning the following project alternatives: Alternative 1: No action. This alternative would completely avoid all wetland impacts. The track would be maintained in its existing state. The no action alternative would fail to achieve the proposed project purpose and would not stabilize rail embankments. Severe track stability issues due to subgrade drainage issues would continue. Therefore the no action alternative was considered nonfeasible. Alternative 2: (Proposed Action) This alternative would involve the stabilization of the existing track embankment through the construction of side or toe buttresses, lateral drains and improved drainage ditches along both sides of the existing mainline and siding as shown in Appendix A. This alternative allows for construction to occur while allowing rail traffic to continue through the Project Area. Therefore this alternative is considered the proposed alternative. Alternative 3: This alternative would involve the removal and reconstruction, including subgrade excavation of the existing track embankment. To accomplish this all rail traffic along the Milk River subdivision would need to be diverted for an extended period of time resulting in significant delays along the BNSF system and potential impacts to customer agreements and commodity exports from the region. Additionally, design of a reconstructed track embankment would mirror that of Alternative 2 including drainage excavations along either side of the track within BNSF ROW resulting in the same amount of impacts to water resources as Alternative 2. Due to the similarity of impacts to water resources between Alternative 2 and Alternative 3 coupled with the interruption to service along the Milk River subdivision Alternative 3 was considered nonfeasible. Alternative 4: This alternative would involve relocating the existing track to avoid wetlands. Alternative 4 was considered nonfeasible due to the cost of land acquisition, construction of a new line and siding, and the extent of wetlands in the area. Mitigation: Complete avoidance of impacts to Waters of the U.S. is not possible while still fulfilling the project purpose as the project is limited to being constructed within the existing railroad ROW. The Project has minimized impacting Waters of the U.S. to the extent possible though through various design considerations by constructing the steepest side slopes possible to minimize the footprint of the proposed embankment stabilization in wetland areas. As the Project is occurring within an active railroad and highway corridor, on-site mitigation would not be feasible due to the potential for future expansion and potential impacts to private U.S. ARMY CORPS OF ENGINEERS ­ OMAHA DISTRICT http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana.aspx

CENWO-OD-RMT

Page 3

Action ID: NWO-2017-00276-MTB

property. Therefore, at this time the applicant is proposing to provide compensatory mitigation for impacts to Waters of the U.S. through the purchase of mitigation credits through the Montana Aquatic Resources Services In-Lieu Fee Program. A letter of credit availability was included with the application. The applicant will consult with the USACE on the appropriate Mitigation ratio based on functional value of the proposed impacted wetlands in accordance with the Montana Wetland Assessment Method. OTHER GOVERNMENTAL AUTHORIZATIONS: The Montana Department of Environmental Quality, 1520 East 6th Avenue, Post Office Box 200901, Helena, Montana 59620-0901 will review the proposed project with the intent to certify in accordance with the provisions of Section 401 of the Clean Water Act. The certification, if issued, will express the State's opinion that the operations undertaken by the applicant will not result in a violation of applicable water quality standards. The Montana Department of Environmental Quality hereby incorporates this public notice as its own public notice and procedures by reference thereto. HISTORIC PROPERTIES: The Corps is lead federal agency for determining compliance with Section 106 of the National Historic Preservation Act for this project and has completed a cultural resource review of the project site in conjunction with their obligations under Section 106 and the National Environmental Policy Act. The Omaha District's initial review, based on currently available information, indicates there are recorded properties within the permit area. Previously identified sites that intersect the Project APE include the Great Northern Railway (24PH3008), U.S. Highway 2 (24PH3464), and the Nelson South Number 9 Canal (24PH3103). These three sites have been determined eligible for the National Register of Historic Places (NRHP). Three additional historic resources were identified during the course of the Architectural Inventory: a set of two through-plate girder bridges over Beaver Creek, and a stone drainage culvert. All three are associated with the previously determined eligible Great Northern Railway through Phillips County (24PH3008). As structures built during the two main phases of Great Northern construction in the county (1887 and 1928), all three resources are recommended eligible for NRHP listing as contributing resources to the rail corridor. The Corps has not determined effects to properties eligible for listing on the National Register of Historic Properties. In order to complete our evaluation of this activity, comments are solicited from the Montana State Historic Preservation Office and other interested agencies and individuals. ENDANGERED SPECIES: In compliance with the Endangered Species Act, a preliminary determination has been made that the described work will not affect species designated as threatened or endangered, or adversely affect critical habitat. Federally listed species reasonably expected to occur within this area of Phillips County include the threatened piping plover (Charadrius melodus) and the endangered whooping crane (Grus americana). There are no federal, state, or local designated wildlife or waterfowl sanctuaries or refuges in the project area. In order to complete our evaluation of this activity, comments are solicited from the U.S. Fish and Wildlife Service and other interested agencies and individuals. The above determinations are based on information provided by the applicant and our preliminary review. EVALUATION FACTORS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the described activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the described activity, must be balanced against its reasonably foreseeable detriments. All

U.S. ARMY CORPS OF ENGINEERS ­ OMAHA DISTRICT http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana.aspx

CENWO-OD-RMT

Page 4

Action ID: NWO-2017-00276-MTB

factors which may be relevant to the described activity will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The activity's impact on the public interest will include application of the Section 404(b)(1) guidelines promulgated by the Administrator, Environmental Protection Agency (40 CFR Part 230). COMMENTS: The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. All public notice comments will be considered public information and will be subject to review by the applicant. The Corps is particularly interested in receiving comments related to the proposal's probable impacts on the affected aquatic environment and the secondary and cumulative effects. Any person may request, in writing and within the comment period specified in this notice, that a public hearing be held for the purpose of gathering additional information. Requests for public hearings must be identified as such and shall state specifically the reasons for holding a public hearing and what additional information would be obtained. The request must be submitted to the U.S. Army Corps of Engineers, at Post Office Box 7032, Billings, Montana 59103. If it is decided that additional information is required and that a public hearing should be held, interested parties will be notified of the date, time and location. Any interested party (particularly officials of any town, city, county, state, or Federal agency; Indian tribe; or local association whose interests may be affected by the work) is invited to submit to this office written facts, arguments, or objections on or before the expiration date listed on the front of this notice. Any agency or individual having an objection to the work should specifically identify it as an objection with clear and specific reasons. Comments, both favorable and unfavorable, will be accepted, made a part of the record and will receive full consideration in subsequent actions on this application. All replies to the public notice should be addressed to Sage Joyce at Post Office Box 7032, Billings, Montana 59103, by email at Sage.L.Joyce@usace.army.mil, or telephone at (406) 657-5910. Please refer to identification number NWO-2017-00276-MTB in any correspondence concerning this project. Comments postmarked after the expiration date of this public notice, or received by fax or e-mail after the expiration date, will not be considered. Comments left on our voicemail system will not be considered. Attachments: 7 Maps

U.S. ARMY CORPS OF ENGINEERS ­ OMAHA DISTRICT http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana.aspx

Miles

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Project Location

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BNSF SACO SUBGRADE SABILIZATION DELINEATION REPORT

FIGURE 1

PROJECT LOCATION

Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Sec 21TWN Sec 20TWN MapmyIndia, ©31RNG OpenStreetMap contributors, and34the GIS User Community Sec 19TWN 31RNG Sec 24TWN 33 31RNG 34 31RNG 34

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