Proposed Cleanup Plan for Union Pacific Railroad Right-of-Way January 1999

January 1999

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Proposed Cleanup Plan for |

Union Pacific Railroad Right-of-Way

Now Available for Public Review

You are invited to comment on proposed actions for addressing mine waste contamination found at various
locations along the main line track and sidings of the Union Pacific Railroad's Wallace-Mullan Branch right-of-way.

This branch of the railroad extends across the panhandle of northern Idaho from Mullan to Plummer. The pro-
posed cleanup actions will be performed in conjunction with a proposed conversion of the right-of-way to a
recreational trail. The trail will bejointly operated by the State of Idaho and the Coeur d'Alene Tribe.

Summary of Cleanup Proposal

The mine waste contamination contains lead and other heavy metals above levels considered protective of
human health and the environment. The proposed cleanup actions were evaluated in a document called an
Engineering Evaluation/Cost Analysis (EE/CA), in accordance with the federal Superfund law. Copies of the EE/CA
and other supporting materials are now available for public review and comment at the locations listed on page 4
of this fact sheet. The preferred cleanup actions for the right-of-way include installing protective asphalt and/or
vegetative barriers, removal and disposal/consolidation of selected mine waste contaminated materials and
control of access to and use of the right-of-way through signs and educational efforts. Given the variety of
conditions and terrain along the right-of-way, the EE/CA document should be consulted directly for details about
which cleanup actions are proposed at specific locations.

Your Comments are Important

You are encouraged to comment on the proposed cleanup actions in writing during the public comment
period from January 22 through February 22,1999. Comments should be sent no later than February 22 to the
address listed on the back page of this fact sheet. You are also encouraged to comment on the use and manage-
ment of the right-of-way as a recreational trail. See contact information on the back page.

Open Houses

The State of Idaho, the Coeur d'Alene Tribe and the Environmental Protection Agency (EPA) invite you to
attend an informational open house to learn more about the trail, its future management and the proposed
cleanup. Representatives from these organizations and Union Pacific Railroad will be available to discuss the
issues and answer your questions. Written comments will be accepted at the sessions, which will be held:

Tuesday, February 9
5:00 - 8:00 pm
Elks Building
419 Cedar Street
Wallace, Idaho

Wednesday, February 10
5:00 - 8:00 pm
EMT Building
201 FederickAve.
Harrison, Idaho

Thursday, February 11
5:00 - 8:00 pm
Tribal Community Center
First St. (nr Lakeside Elementary)
Worley, Idaho

-------
2

Background

The Wallace-Mullan branch of the Union Pacific
Railroad (UPRR) was built in the late 1800s to serve
the Silver Valley mining industry, and was used to
transport ores to and from the mines and processing
facilities. Mine tailings and waste rock were used as
fill material and rail bed ballast throughout the length
of the line. These mine waste materials have con-
centrations of lead and other heavy metals above
levels considered protective of human health and the
environment.

Use of the rail line ended in the early 1990's. In
1992, the federal Interstate Commerce Commission
(ICC) determined that UPRR could discontinue service
on the line. In 1994, the ICC clarified that UPRR
could not complete abandonment of the Wallace-
Mullan Branch until UPRR consulted with the Idaho
Division of Environmental Quality and EPA to ensure
compliance with federal laws including the Compre-
hensive Environmental Response, Compensation and
Liability Act (CERCLA), also known as the federal
Superfund law.

Rail-to-Trail Conversion

Since 1992, UPRR has discussed with various
parties the possibility of the right-of-way being
converted to non-rail use through an application to
the Surface Transportation Board (STB), formerly the
ICC, for a Certificate of Interim Trail Use. Under such
an application, the right-of-way would be transferred
to a third party for interim recreation or conservation
purposes. The Transcontinental Trails Association
filed an application for a Certificate of Interim Trail Use
(CITU) for the UPRR in 1992. A second application
was filed by the Rails-to-Trail Conservancy in 1995.
The Rails-to-Trail Conservancy application was denied
by the STB on an interim basis pending another
application.

The State of Idaho and the Coeur d'Alene Tribe
are currently considering a joint arrangement to have
a CITU and control of the right-of-way transferred to
them. Because by law, a CITU preserves the right-of-
way as a potential rail corridor and does not consti-
tute an abandonment of the line, any reversionary
interests in the right-of-way property are not affected.
Issuance of a CITU will permit implementation of the
proposed cleanup action and use of the corridor as a
trail.

Union Pacific Railroad	January 1999

Settlement Negotiations

In 1991, the Coeur d'Alene Tribe filed suit against
Union Pacific Railroad to recover damages to natural
resources and clean up costs caused by contamina-
tion within the right-of-way. In 1995, the United
States and the State of Idaho indicated an intent to
make a claim against Union Pacific for natural re-
source damages and cleanup response costs caused
by contamination within the right-of-way.

In an attempt to settle those claims, representa-
tives of the State of Idaho, EPA, U.S. Departments of
Justice, Interior, and Agriculture, the Coeur d'Alene
Tribe and Union Pacific have been involved in
settlement negotiations to address environmental
conditions within the right-of-way. These organiza-
tions have been working together to develop the
Engineering Evaluation/Cost Analysis. These negotia-
tions have also focused on potential conversion of
the right-of-way to a multi-use recreational trail; the
role that the State of Idaho and the Coeur d'Alene
Tribe may have in operation and management of the
trail; and how conversion of the right-of-way may
facilitate cleanup of mine waste contamination within
the right-of-way.

What is an Engineering Evaluation/
Cost Analysis?

Descriptions of alternatives for cleanup actions
along the railroad right-of-way are contained in a
document called an Engineering Evaluation/Cost
Analysis (EE/CA), drafted on behalf of the EPA. The
EE/CA analyzes potential cleanup alternatives within
the right-of-way which are both protective of human
health and the environment and which comply with
legal requirements. The objectives of the cleanup
actions considered are: 1) to minimize the potential
for people to come into contact with the mine waste,
and 2) to limit potential environmental transport of
contaminants. A human health risk assessment and
cost analysis of possible cleanup options are also part
of the EE/CA, which should be consulted directly for
further detail.

The EE/CA addresses the entire 71.5 mile UPRR
main rail line and sidings, but excludes certain areas
such as the 7.9 mile section of the line within the
Bunker Hill Superfund Study Area which has already
been addressed.

-------
3

Evaluation Criteria

Three criteria were used to evaluate the cleanup
alternatives:

1)	Effectiveness: is the alternative protective of

public health and the environment, and
does it comply with applicable or relevant
and appropriate requirements?

2)	Implementability: is the alternative technically

and administratively feasible and are the
services and materials required for imple-
mentation available? and

3)	Cost: what are the capital and operation/

maintenance costs?

EPA's Recommended Cleanup
Action Alternative

After comparing a variety of possible cleanup
alternatives, the following actions are recommended
by EPA: protective barriers; removal, disposal and
consolidation of contaminated material; and signs,
access controls and educational programs. The
section below details each of these actions.

Protective Barriers

Protective barriers are proposed where there is a
high potential for people to be exposed to contami-
nated material and a low possibility of future recon-
tamination.

Asphalt Concrete Pavement 10 feet wide with base
layer and shoulder caps of clean crushed gravel, is
recommended as a barrier for the main line ballast
material. The barrier would extend throughout the
length of the right-of-way from Mullan to approxi-
mately Milepost 30, south of Harrison. This barrier
will provide durable containment of the lead-bearing
ballast material, as well as a surface suitable for a
variety of recreational uses.

GravelA/egetated Soil Barriers are recommended in
portions of the right-of-way that pass through
residential areas, sidings, and road crossings, where
the proximity of homes and easy access to the right-
of-way would increase the possibilty of human
exposure. Such barriers are recommended for the
functional width of the right-of-way in Mullan,
Golconda, Wallace, Silverton, Osburn, Elizabeth Park,

Union Pacific Railroad	January 1999

Cataldo, Rose Lake, Lane, Medimont, and Harrison.

The specific choice of material (gravel vs.
vegetation) will be consistent with adjacent land uses
and the desires of the communities. Protective barriers
in residential areas would be extended along the
right-of-way for approximately 1,000 feet beyond the
last residence in a community. The depth of the
barriers would vary between six and 12 inches.
Barriers would be installed so that existing drainage is
not disrupted and residential driveway access across
the right-of-way is maintained.

Gravel/Soil Barriers are recommended in rural
portions of the right-of-way where direct access to
potentially hazardous areas is likely. Wide, level areas
at former siding locations will be developed at
intermittent locations along the corridor to provide
attractive and clearly marked stopping points between
communities. The barriers in these siding areas would
extend approximately 1,000 feet and the thickness of
such a barrier would be approximately one foot.

Removal, Disposal and Consolidation

Due to the periodic flooding of the Coeur
d'Alene River, portions of the right-of-way within the
floodplain are contaminated not only with original
materials used in construction of the railbed, but with
transported sediments containing mine tailings.
Because of this broad distribution of contaminated
sediments and tailings throughout the floodplain and
the potential for future recontamination of the
floodplain areas, there would be little benefit to
removing contaminated material within these areas of
the right-of-way at this time. Future removal of these
materials will be evaluated during the Basin-wide
Remedial Investigation/Feasibility Study now under-
way in the Coeur d'Alene Basin.

However, in the section of right-of-way between
Harrison and Plummer Junction, the right-of-way is
located generally out of the floodplain and largely in
upland areas and the ballast material is essentially the
only source of contamination.

Removals of ballast materials are recommended
in: areas where the highest level of contamination is
present; all siding areas throughout the length of the
right-of-way from Plummer to Mullan; and all main
line areas within the upland areas from Plummer
Junction to Harrison.

-------
4

Union Pacific Railroad

January 1999

Concentrates (which have the highest contami- NGXt StGpS
nate levels) are found mainly in former loading/
unloading zones and will be removed as a first priority
cleanup action to eliminate acute exposure risk.

Salvage of the existing track and ties in flood-prone
areas will be coordinated to limit the amount of time
between removal and subsequent response actions
for the area.

Contaminated materials removed from the right-
of-way will be disposed of in the Central Impound-
ment Area at the Bunker Hill site during the 1999
construction season and at the Bunker Hill slag pile
area during the year 2000 construction season. Such
disposal will be subject to closure schedules, waste
acceptance criteria and procedures that address
community concerns.

Institutional Controls

Controls on use of and access to the right-of-wavm 11
be used to reinforce the long term effectiveness of
the other proposed cleanup actions. Activities within
the right-of-way will be regulated to protect the
integrity and protectiveness of the barriers, and a
regular program of inspection, maintenance and repair
will be implemented as well. If the right-of-way is
ultimately converted to a recreational trail, the
ownership/jurisdiction of the right-of-way may be
placed under a coordinated operating entity making
land use controls and procedures more easily accom-
plished and effective. The State of Idaho and the
Coeur d'Alene Tribe are considering an agreement
which would allow them to be this operating entity.

Educational Programs will be used to increase
public awareness. Training will be provided for work-
ers who routinely come into contact with residual
contamination; printed materials will be developed for
area residents and potential users; and presentations
will be made to the general public.

Signs would be posted at appropriate locations to
provide specific warnings to right-of-way users of the
potential for exposure to contamination beyond
protective barriers and/or in areas adjacent to the
barriers.

Fencing/Barricades will be used in some areas to
provide a physical barrier against access to potentially
hazardous areas, and to restrict access to areas
outside of the right-of-way.

All comments received during the comment
period will be considered before finalizing the cleanup
plans for the right-of-way. The federal, state and tribal
entities must continue to attempt to negotiate a final
settlement of their legal claims with Union Pacific.
The terms of the negotiated settlement will be set
forth in a Consent Decree which would be lodged
with the federal court and made available for public
comment. If the Consent Decree is determined to be
acceptable following the public comment period, the
parties would ask the Court to approve the settle-
ment.

The State and the Tribe anticipate applying for a
Certificate of Interim Trail Use and will cooperate with
the Surface Transportation Board in any public review
and comment period requirements the STB may have.

Administrative Record and
Information Repositories

The complete Administrative Record file, the
official record of documents, related to the UPRR
cleanup proposal including the EE/CA, is available for
review during normal library/business hours at:

North Idaho College Library
1000 West Garden Avenue
Coeur d'Alene, ID 83814
(208) 769-3254

EPA Region 10
1200 6th Avenue
Seattle, WA 98101
(206) 553-4464

Copies of the EE/CA document and an index of
other materials contained within the Administrative
Record file are available for public review at the
following locations:

Mullan City Hall
112 Earl Street
Mullan, Idaho
(208) 744-1515

Wallace Public Library
415 River Street
Wallace, Idaho
(208) 752-4571

U.S. EPA CdA. Field Office
1910 Northwest Blvd, Suite 208
Couer d'Alene, Idaho

(208) 664-4858 (Call ahead for appointment)

Harrison City Hall
100 Frederick Street
Harrison, Idaho
(208) 689-3212

Plummer Public Library
800 "D" Street
Plummer, Idaho
(208) 686-1812

-------
5

Union Pacific Railroad	January 1999

-------




We encourage you to comment on the proposed cleanup actions for the Union Pacific
Railroad Right-of-Way during the public comment period from
January 22 through February 22,1999.

Comments should be sent no later than February 22 to:

Earl Liverman
U.S. EPA CdA. Field Office
1910 Northwest Blvd, Suite 208
Coeur d'Alene, Idaho 83814

We also encourage you to comment on the use and management
of the right-of-way as a recreational trail. These comments should be directed to:

%

Phil Cernera

Couer d'Alene Tribe

424 Sherman Avenue, Suite 306

Coeur d'Alene, ID 83814

(208)667-4119

Rick Cummins

Idaho Dept. Parks and Recreation
2750 Kathleen Avenue
Coeur d'Alene, ID 83814
(208)769-1511

Learn more at Open Houses scheduled for early February-see page 1 for details.

Copies of the EE/CA document are available at a variety of Northern Idaho locations
and via the Internet at http://www.epa.gov/r10earth/ (once there, click on "Events")

Questions? Call EPA at (800) 424-4372, extension 8578

To ensure effective communications with everyone, additional services
can be made available to persons with disabilities by contacting EPA at the number listed above.



United States
Environmental Protection
Agency

EPA Region 10

Community Relations and Outreach
1200 Sixth Avenue, ECO-081
Seattle, Washington 98101-1128

PUBLIC COMMENT OPPORTUNITY

Union Pacific Railroad, Waiiace-Mullan Branch
Northern Idaho

-------

January 1999

Proposed Cleanup Plan for
Union Pacific Railroad Right-of-Way

Now Available for Public Review

$32

pro^

2
LU

Summary of Cleanup Proposal

Your Comments are Important

Open Houses

Tuesday, February 9
5:00 - 8:00 pm
Elks Building
419 Cedar Street
Wallace, Idaho

Wednesday, February 10
5:00 - 8:00 pm
EMT Building
201 FederickAve.
Harrison, Idaho

Thursday, February 11
5:00 - 8:00 pm
Tribal Community Center
First St. (nr Lakeside Elementary)
Worley, Idaho

-------
2

Background

The Wallace-Mullan branch of the Union Pacific
Railroad (UPRR) was built in the late 1800s to serve
the Silver Valley mining industry, and was used to
transport ores to and from the mines and processing
facilities. Mine tailings and waste rock were used as
fill material and rail bed ballast throughout the length
of the line. These mine waste materials have con-
centrations of lead and other heavy metals above
levels considered protective of human health and the
environment.

Use of the rail line ended in the early 1990's. In
1992, the federal Interstate Commerce Commission
(ICC) determined that UPRR could discontinue service
on the line. In 1994, the ICC clarified that UPRR
could not complete abandonment of the Wallace-
Mullan Branch until UPRR consulted with the Idaho
Division of Environmental Quality and EPA to ensure
compliance with federal laws including the Compre-
hensive Environmental Response, Compensation and
Liability Act (CERCLA), also known as the federal
Superfund law.

Rail-to-Trail Conversion

Since 1992, UPRR has discussed with various
parties the possibility of the right-of-way being
converted to non-rail use through an application to
the Surface Transportation Board (STB), formerly the
ICC, for a Certificate of Interim Trail Use. Under such
an application, the right-of-way would be transferred
to a third party for interim recreation or conservation
purposes. The Transcontinental Trails Association
filed an application for a Certificate of Interim Trail Use
(CITU) for the UPRR in 1992. A second application
was filed by the Rails-to-Trail Conservancy in 1995.
The Rails-to-Trail Conservancy application was denied
by the STB on an interim basis pending another
application.

The State of Idaho and the Coeur d'Alene Tribe
are currently considering a joint arrangement to have
a CITU and control of the right-of-way transferred to
them. Because by law, a CITU preserves the right-of-
way as a potential rail corridor and does not consti-
tute an abandonment of the line, any reversionary
interests in the right-of-way property are not affected.
Issuance of a CITU will permit implementation of the
proposed cleanup action and use of the corridor as a
trail.

Union Pacific Railroad	January 1999

Settlement Negotiations

In 1991, the Coeur d'Alene Tribe filed suit against
Union Pacific Railroad to recover damages to natural
resources and clean up costs caused by contamina-
tion within the right-of-way. In 1995, the United
States and the State of Idaho indicated an intent to
make a claim against Union Pacific for natural re-
source damages and cleanup response costs caused
by contamination within the right-of-way.

In an attempt to settle those claims, representa-
tives of the State of Idaho, EPA, U.S. Departments of
Justice, Interior, and Agriculture, the Coeur d'Alene
Tribe and Union Pacific have been involved in
settlement negotiations to address environmental
conditions within the right-of-way. These organiza-
tions have been working together to develop the
Engineering Evaluation/Cost Analysis. These negotia-
tions have also focused on potential conversion of
the right-of-way to a multi-use recreational trail; the
role that the State of Idaho and the Coeur d'Alene
Tribe may have in operation and management of the
trail; and how conversion of the right-of-way may
facilitate cleanup of mine waste contamination within
the right-of-way.

What is an Engineering Evaluation/
Cost Analysis?

Descriptions of alternatives for cleanup actions
along the railroad right-of-way are contained in a
document called an Engineering Evaluation/Cost
Analysis (EE/CA), drafted on behalf of the EPA. The
EE/CA analyzes potential cleanup alternatives within
the right-of-way which are both protective of human
health and the environment and which comply with
legal requirements. The objectives of the cleanup
actions considered are: 1) to minimize the potential
for people to come into contact with the mine waste,
and 2) to limit potential environmental transport of
contaminants. A human health risk assessment and
cost analysis of possible cleanup options are also part
of the EE/CA, which should be consulted directly for
further detail.

The EE/CA addresses the entire 71.5 mile UPRR
main rail line and sidings, but excludes certain areas
such as the 7.9 mile section of the line within the
Bunker Hill Superfund Study Area which has already
been addressed.

-------
3

Evaluation Criteria

Three criteria were used to evaluate the cleanup
alternatives:

1)	Effectiveness: is the alternative protective of

public health and the environment, and
does it comply with applicable or relevant
and appropriate requirements?

2)	Implementability: is the alternative technically

and administratively feasible and are the
services and materials required for imple-
mentation available? and

3)	Cost: what are the capital and operation/

maintenance costs?

EPA's Recommended Cleanup
Action Alternative

After comparing a variety of possible cleanup
alternatives, the following actions are recommended
by EPA: protective barriers; removal, disposal and
consolidation of contaminated material; and signs,
access controls and educational programs. The
section below details each of these actions.

Protective Barriers

Protective barriers are proposed where there is a
high potential for people to be exposed to contami-
nated material and a low possibility of future recon-
tamination.

Asphalt Concrete Pavement 10 feet wide with base
layer and shoulder caps of clean crushed gravel, is
recommended as a barrier for the main line ballast
material. The barrier would extend throughout the
length of the right-of-way from Mullan to approxi-
mately Milepost 30, south of Harrison. This barrier
will provide durable containment of the lead-bearing
ballast material, as well as a surface suitable for a
variety of recreational uses.

GravelA/egetated Soil Barriers are recommended in
portions of the right-of-way that pass through
residential areas, sidings, and road crossings, where
the proximity of homes and easy access to the right-
of-way would increase the possibilty of human
exposure. Such barriers are recommended for the
functional width of the right-of-way in Mullan,
Golconda, Wallace, Silverton, Osburn, Elizabeth Park,

Union Pacific Railroad	January 1999

Cataldo, Rose Lake, Lane, Medimont, and Harrison.

The specific choice of material (gravel vs.
vegetation) will be consistent with adjacent land uses
and the desires of the communities. Protective barriers
in residential areas would be extended along the
right-of-way for approximately 1,000 feet beyond the
last residence in a community. The depth of the
barriers would vary between six and 12 inches.
Barriers would be installed so that existing drainage is
not disrupted and residential driveway access across
the right-of-way is maintained.

Gravel/Soil Barriers are recommended in rural
portions of the right-of-way where direct access to
potentially hazardous areas is likely. Wide, level areas
at former siding locations will be developed at
intermittent locations along the corridor to provide
attractive and clearly marked stopping points between
communities. The barriers in these siding areas would
extend approximately 1,000 feet and the thickness of
such a barrier would be approximately one foot.

Removal, Disposal and Consolidation

Due to the periodic flooding of the Coeur
d'Alene River, portions of the right-of-way within the
floodplain are contaminated not only with original
materials used in construction of the railbed, but with
transported sediments containing mine tailings.
Because of this broad distribution of contaminated
sediments and tailings throughout the floodplain and
the potential for future recontamination of the
floodplain areas, there would be little benefit to
removing contaminated material within these areas of
the right-of-way at this time. Future removal of these
materials will be evaluated during the Basin-wide
Remedial Investigation/Feasibility Study now under-
way in the Coeur d'Alene Basin.

However, in the section of right-of-way between
Harrison and Plummer Junction, the right-of-way is
located generally out of the floodplain and largely in
upland areas and the ballast material is essentially the
only source of contamination.

Removals of ballast materials are recommended
in: areas where the highest level of contamination is
present; all siding areas throughout the length of the
right-of-way from Plummer to Mullan; and all main
line areas within the upland areas from Plummer
Junction to Harrison.

-------
4

Union Pacific Railroad

January 1999

Concentrates (which have the highest contami- NGXt StGpS
nate levels) are found mainly in former loading/
unloading zones and will be removed as a first priority
cleanup action to eliminate acute exposure risk.

Salvage of the existing track and ties in flood-prone
areas will be coordinated to limit the amount of time
between removal and subsequent response actions
for the area.

Contaminated materials removed from the right-
of-way will be disposed of in the Central Impound-
ment Area at the Bunker Hill site during the 1999
construction season and at the Bunker Hill slag pile
area during the year 2000 construction season. Such
disposal will be subject to closure schedules, waste
acceptance criteria and procedures that address
community concerns.

Institutional Controls

Controls on use of and access to the right-of-wavm 11
be used to reinforce the long term effectiveness of
the other proposed cleanup actions. Activities within
the right-of-way will be regulated to protect the
integrity and protectiveness of the barriers, and a
regular program of inspection, maintenance and repair
will be implemented as well. If the right-of-way is
ultimately converted to a recreational trail, the
ownership/jurisdiction of the right-of-way may be
placed under a coordinated operating entity making
land use controls and procedures more easily accom-
plished and effective. The State of Idaho and the
Coeur d'Alene Tribe are considering an agreement
which would allow them to be this operating entity.

Educational Programs will be used to increase
public awareness. Training will be provided for work-
ers who routinely come into contact with residual
contamination; printed materials will be developed for
area residents and potential users; and presentations
will be made to the general public.

Signs would be posted at appropriate locations to
provide specific warnings to right-of-way users of the
potential for exposure to contamination beyond
protective barriers and/or in areas adjacent to the
barriers.

Fencing/Barricades will be used in some areas to
provide a physical barrier against access to potentially
hazardous areas, and to restrict access to areas
outside of the right-of-way.

All comments received during the comment
period will be considered before finalizing the cleanup
plans for the right-of-way. The federal, state and tribal
entities must continue to attempt to negotiate a final
settlement of their legal claims with Union Pacific.
The terms of the negotiated settlement will be set
forth in a Consent Decree which would be lodged
with the federal court and made available for public
comment. If the Consent Decree is determined to be
acceptable following the public comment period, the
parties would ask the Court to approve the settle-
ment.

The State and the Tribe anticipate applying for a
Certificate of Interim Trail Use and will cooperate with
the Surface Transportation Board in any public review
and comment period requirements the STB may have.

Administrative Record and
Information Repositories

The complete Administrative Record file, the
official record of documents, related to the UPRR
cleanup proposal including the EE/CA, is available for
review during normal library/business hours at:

North Idaho College Library
1000 West Garden Avenue
Coeur d'Alene, ID 83814
(208) 769-3254

EPA Region 10
1200 6th Avenue
Seattle, WA 98101
(206) 553-4464

Copies of the EE/CA document and an index of
other materials contained within the Administrative
Record file are available for public review at the
following locations:

Mullan City Hall
112 Earl Street
Mullan, Idaho
(208) 744-1515

Wallace Public Library
415 River Street
Wallace, Idaho
(208) 752-4571

U.S. EPA CdA. Field Office
1910 Northwest Blvd, Suite 208
Couer d'Alene, Idaho

(208) 664-4858 (Call ahead for appointment)

Harrison City Hall
100 Frederick Street
Harrison, Idaho
(208) 689-3212

Plummer Public Library
800 "D" Street
Plummer, Idaho
(208) 686-1812

-------
5

Union Pacific Railroad	January 1999

-------




We encourage you to comment on the proposed cleanup actions for the Union Pacific
Railroad Right-of-Way during the public comment period from
January 22 through February 22,1999.

Comments should be sent no later than February 22 to:

Earl Liverman
U.S. EPA CdA. Field Office
1910 Northwest Blvd, Suite 208
Coeur d'Alene, Idaho 83814

We also encourage you to comment on the use and management
of the right-of-way as a recreational trail. These comments should be directed to:

%

Phil Cernera

Couer d'Alene Tribe

424 Sherman Avenue, Suite 306

Coeur d'Alene, ID 83814

(208)667-4119

Rick Cummins

Idaho Dept. Parks and Recreation
2750 Kathleen Avenue
Coeur d'Alene, ID 83814
(208)769-1511

Learn more at Open Houses scheduled for early February-see page 1 for details.

Copies of the EE/CA document are available at a variety of Northern Idaho locations
and via the Internet at http://www.epa.gov/r10earth/ (once there, click on "Events")

Questions? Call EPA at (800) 424-4372, extension 8578

To ensure effective communications with everyone, additional services
can be made available to persons with disabilities by contacting EPA at the number listed above.



United States
Environmental Protection
Agency

EPA Region 10

Community Relations and Outreach
1200 Sixth Avenue, ECO-081
Seattle, Washington 98101-1128

PUBLIC COMMENT OPPORTUNITY

Union Pacific Railroad, Waiiace-Mullan Branch
Northern Idaho

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January 1999

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Proposed Cleanup Plan for j
Union Pacific Railroad Right-of-Vi/ay

Now Available for Public Review

Summary of Cleanup Proposal

Your Comments are Important

Open Houses

Tuesday, February 9
5:00 - 8:00 pm
Elks Building
419 Cedar Street
Wallace, Idaho

Wednesday, February 10
5:00 - 8:00 pm
EMT Building
201 FederickAve.
Harrison, Idaho

Thursday, February 11
5:00 - 8:00 pm
Tribal Community Center
First St. (nr Lakeside Elementary)
Worley, Idaho

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Background

The Wallace-Mullan branch of the Union Pacific
Railroad (UPRR) was built in the late 1800s to serve
the Silver Valley mining industry, and was used to
transport ores to and from the mines and processing
facilities. Mine tailings and waste rock were used as
fill material and rail bed ballast throughout the length
of the line. These mine waste materials have con-
centrations of lead and other heavy metals above
levels considered protective of human health and the
environment.

Use of the rail line ended in the early 1990's. In
1992, the federal Interstate Commerce Commission
(ICC) determined that UPRR could discontinue service
on the line. In 1994, the ICC clarified that UPRR
could not complete abandonment of the Wallace-
Mullan Branch until UPRR consulted with the Idaho
Division of Environmental Quality and EPA to ensure
compliance with federal laws including the Compre-
hensive Environmental Response, Compensation and
Liability Act (CERCLA), also known as the federal
Superfund law.

Rail-to-Trail Conversion

Since 1992, UPRR has discussed with various
parties the possibility of the right-of-way being
converted to non-rail use through an application to
the Surface Transportation Board (STB), formerly the
ICC, for a Certificate of Interim Trail Use. Under such
an application, the right-of-way would be transferred
to a third party for interim recreation or conservation
purposes. The Transcontinental Trails Association
filed an application for a Certificate of Interim Trail Use
(CITU) for the UPRR in 1992. A second application
was filed by the Rails-to-Trail Conservancy in 1995.
The Rails-to-Trail Conservancy application was denied
by the STB on an interim basis pending another
application.

The State of Idaho and the Coeur d'Alene Tribe
are currently considering a joint arrangement to have
a CITU and control of the right-of-way transferred to
them. Because by law, a CITU preserves the right-of-
way as a potential rail corridor and does not consti-
tute an abandonment of the line, any reversionary
interests in the right-of-way property are not affected.
Issuance of a CITU will permit implementation of the
proposed cleanup action and use of the corridor as a
trail.

Union Pacific Railroad	January 1999

Settlement Negotiations

In 1991, the Coeur d'Alene Tribe filed suit against
Union Pacific Railroad to recover damages to natural
resources and clean up costs caused by contamina-
tion within the right-of-way. In 1995, the United
States and the State of Idaho indicated an intent to
make a claim against Union Pacific for natural re-
source damages and cleanup response costs caused
by contamination within the right-of-way.

In an attempt to settle those claims, representa-
tives of the State of Idaho, EPA, U.S. Departments of
Justice, Interior, and Agriculture, the Coeur d'Alene
Tribe and Union Pacific have been involved in
settlement negotiations to address environmental
conditions within the right-of-way. These organiza-
tions have been working together to develop the
Engineering Evaluation/Cost Analysis. These negotia-
tions have also focused on potential conversion of
the right-of-way to a multi-use recreational trail; the
role that the State of Idaho and the Coeur d'Alene
Tribe may have in operation and management of the
trail; and how conversion of the right-of-way may
facilitate cleanup of mine waste contamination within
the right-of-way.

What is an Engineering Evaluation/
Cost Analysis?

Descriptions of alternatives for cleanup actions
along the railroad right-of-way are contained in a
document called an Engineering Evaluation/Cost
Analysis (EE/CA), drafted on behalf of the EPA. The
EE/CA analyzes potential cleanup alternatives within
the right-of-way which are both protective of human
health and the environment and which comply with
legal requirements. The objectives of the cleanup
actions considered are: 1) to minimize the potential
for people to come into contact with the mine waste,
and 2) to limit potential environmental transport of
contaminants. A human health risk assessment and
cost analysis of possible cleanup options are also part
of the EE/CA, which should be consulted directly for
further detail.

The EE/CA addresses the entire 71.5 mile UPRR
main rail line and sidings, but excludes certain areas
such as the 7.9 mile section of the line within the
Bunker Hill Superfund Study Area which has already
been addressed.

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Evaluation Criteria

Three criteria were used to evaluate the cleanup
alternatives:

1)	Effectiveness: is the alternative protective of

public health and the environment, and
does it comply with applicable or relevant
and appropriate requirements?

2)	Implementability: is the alternative technically

and administratively feasible and are the
services and materials required for imple-
mentation available? and

3)	Cost: what are the capital and operation/

maintenance costs?

EPA's Recommended Cleanup
Action Alternative

After comparing a variety of possible cleanup
alternatives, the following actions are recommended
by EPA: protective barriers; removal, disposal and
consolidation of contaminated material; and signs,
access controls and educational programs. The
section below details each of these actions.

Protective Barriers

Protective barriers are proposed where there is a
high potential for people to be exposed to contami-
nated material and a low possibility of future recon-
tamination.

Asphalt Concrete Pavement 10 feet wide with base
layer and shoulder caps of clean crushed gravel, is
recommended as a barrier for the main line ballast
material. The barrier would extend throughout the
length of the right-of-way from Mullan to approxi-
mately Milepost 30, south of Harrison. This barrier
will provide durable containment of the lead-bearing
ballast material, as well as a surface suitable for a
variety of recreational uses.

GravelA/egetated Soil Barriers are recommended in
portions of the right-of-way that pass through
residential areas, sidings, and road crossings, where
the proximity of homes and easy access to the right-
of-way would increase the possibilty of human
exposure. Such barriers are recommended for the
functional width of the right-of-way in Mullan,
Golconda, Wallace, Silverton, Osburn, Elizabeth Park,

Union Pacific Railroad	January 1999

Cataldo, Rose Lake, Lane, Medimont, and Harrison.

The specific choice of material (gravel vs.
vegetation) will be consistent with adjacent land uses
and the desires of the communities. Protective barriers
in residential areas would be extended along the
right-of-way for approximately 1,000 feet beyond the
last residence in a community. The depth of the
barriers would vary between six and 12 inches.
Barriers would be installed so that existing drainage is
not disrupted and residential driveway access across
the right-of-way is maintained.

Gravel/Soil Barriers are recommended in rural
portions of the right-of-way where direct access to
potentially hazardous areas is likely. Wide, level areas
at former siding locations will be developed at
intermittent locations along the corridor to provide
attractive and clearly marked stopping points between
communities. The barriers in these siding areas would
extend approximately 1,000 feet and the thickness of
such a barrier would be approximately one foot.

Removal, Disposal and Consolidation

Due to the periodic flooding of the Coeur
d'Alene River, portions of the right-of-way within the
floodplain are contaminated not only with original
materials used in construction of the railbed, but with
transported sediments containing mine tailings.
Because of this broad distribution of contaminated
sediments and tailings throughout the floodplain and
the potential for future recontamination of the
floodplain areas, there would be little benefit to
removing contaminated material within these areas of
the right-of-way at this time. Future removal of these
materials will be evaluated during the Basin-wide
Remedial Investigation/Feasibility Study now under-
way in the Coeur d'Alene Basin.

However, in the section of right-of-way between
Harrison and Plummer Junction, the right-of-way is
located generally out of the floodplain and largely in
upland areas and the ballast material is essentially the
only source of contamination.

Removals of ballast materials are recommended
in: areas where the highest level of contamination is
present; all siding areas throughout the length of the
right-of-way from Plummer to Mullan; and all main
line areas within the upland areas from Plummer
Junction to Harrison.

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Union Pacific Railroad

January 1999

Concentrates (which have the highest contami- NGXt StGpS
nate levels) are found mainly in former loading/
unloading zones and will be removed as a first priority
cleanup action to eliminate acute exposure risk.

Salvage of the existing track and ties in flood-prone
areas will be coordinated to limit the amount of time
between removal and subsequent response actions
for the area.

Contaminated materials removed from the right-
of-way will be disposed of in the Central Impound-
ment Area at the Bunker Hill site during the 1999
construction season and at the Bunker Hill slag pile
area during the year 2000 construction season. Such
disposal will be subject to closure schedules, waste
acceptance criteria and procedures that address
community concerns.

Institutional Controls

Controls on use of and access to the right-of-wavm 11
be used to reinforce the long term effectiveness of
the other proposed cleanup actions. Activities within
the right-of-way will be regulated to protect the
integrity and protectiveness of the barriers, and a
regular program of inspection, maintenance and repair
will be implemented as well. If the right-of-way is
ultimately converted to a recreational trail, the
ownership/jurisdiction of the right-of-way may be
placed under a coordinated operating entity making
land use controls and procedures more easily accom-
plished and effective. The State of Idaho and the
Coeur d'Alene Tribe are considering an agreement
which would allow them to be this operating entity.

Educational Programs will be used to increase
public awareness. Training will be provided for work-
ers who routinely come into contact with residual
contamination; printed materials will be developed for
area residents and potential users; and presentations
will be made to the general public.

Signs would be posted at appropriate locations to
provide specific warnings to right-of-way users of the
potential for exposure to contamination beyond
protective barriers and/or in areas adjacent to the
barriers.

Fencing/Barricades will be used in some areas to
provide a physical barrier against access to potentially
hazardous areas, and to restrict access to areas
outside of the right-of-way.

All comments received during the comment
period will be considered before finalizing the cleanup
plans for the right-of-way. The federal, state and tribal
entities must continue to attempt to negotiate a final
settlement of their legal claims with Union Pacific.
The terms of the negotiated settlement will be set
forth in a Consent Decree which would be lodged
with the federal court and made available for public
comment. If the Consent Decree is determined to be
acceptable following the public comment period, the
parties would ask the Court to approve the settle-
ment.

The State and the Tribe anticipate applying for a
Certificate of Interim Trail Use and will cooperate with
the Surface Transportation Board in any public review
and comment period requirements the STB may have.

Administrative Record and
Information Repositories

The complete Administrative Record file, the
official record of documents, related to the UPRR
cleanup proposal including the EE/CA, is available for
review during normal library/business hours at:

North Idaho College Library
1000 West Garden Avenue
Coeur d'Alene, ID 83814
(208) 769-3254

EPA Region 10
1200 6th Avenue
Seattle, WA 98101
(206) 553-4464

Copies of the EE/CA document and an index of
other materials contained within the Administrative
Record file are available for public review at the
following locations:

Mullan City Hall
112 Earl Street
Mullan, Idaho
(208) 744-1515

Wallace Public Library
415 River Street
Wallace, Idaho
(208) 752-4571

U.S. EPA CdA. Field Office
1910 Northwest Blvd, Suite 208
Couer d'Alene, Idaho

(208) 664-4858 (Call ahead for appointment)

Harrison City Hall
100 Frederick Street
Harrison, Idaho
(208) 689-3212

Plummer Public Library
800 "D" Street
Plummer, Idaho
(208) 686-1812

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Union Pacific Railroad	January 1999

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We encourage you to comment on the proposed cleanup actions for the Union Pacific
Railroad Right-of-Way during the public comment period from
January 22 through February 22,1999.

Comments should be sent no later than February 22 to:

Earl Liverman
U.S. EPA CdA. Field Office
1910 Northwest Blvd, Suite 208
Coeur d'Alene, Idaho 83814

We also encourage you to comment on the use and management
of the right-of-way as a recreational trail. These comments should be directed to:

%

Phil Cernera

Couer d'Alene Tribe

424 Sherman Avenue, Suite 306

Coeur d'Alene, ID 83814

(208)667-4119

Rick Cummins

Idaho Dept. Parks and Recreation
2750 Kathleen Avenue
Coeur d'Alene, ID 83814
(208)769-1511

Learn more at Open Houses scheduled for early February-see page 1 for details.

Copies of the EE/CA document are available at a variety of Northern Idaho locations
and via the Internet at http://www.epa.gov/r10earth/ (once there, click on "Events")

Questions? Call EPA at (800) 424-4372, extension 8578

To ensure effective communications with everyone, additional services
can be made available to persons with disabilities by contacting EPA at the number listed above.



United States
Environmental Protection
Agency

EPA Region 10

Community Relations and Outreach
1200 Sixth Avenue, ECO-081
Seattle, Washington 98101-1128

PUBLIC COMMENT OPPORTUNITY

Union Pacific Railroad, Waiiace-Mullan Branch
Northern Idaho

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