United States Forest Ashley National Forest Supervisor’s Office

Department of Service 355 North Vernal Avenue

Agriculture Vernal, UT 84078

File Code: 1950/2720

Date: January 17, 2024

Dear Interested Party:

I am today withdrawing a July 14, 2022 record of decision (ROD) and associated project-specific Forest
Plan amendment to issue a railroad right-of-way permit to allow the Utah Seven County Infrastructure
Coalition (Coalition) to construct, operate, and maintain a railway on approximately 12 miles of
National Forest System (NFS) lands on the Ashley National Forest. The activity required a project-
specific Forest Plan amendment to reflect the railway’s visual impact on the landscape. A legal notice
announcing my decision withdrawal published in the Vernal Express today, January 17, 2024.
The Coalition applied to the Surface Transportation Board (STB) to construct, operate, and maintain the
proposed 88-mile Uinta Basin railway. The STB was the lead agency for completing the environmental
impact statement (EIS) as required by the National Environmental Policy Act (NEPA). The Forest
Service, a cooperating agency, adopted the final EIS.
An August 18, 2023 decision issued by the U.S. Court of Appeals for the District of Columbia Circuit
vacated portions of the STB’s EIS for inadequate environmental analysis. The court ruled the EIS
deficient specifically regarding analysis of: 1) upstream and downstream impacts of increased drilling
and rail traffic on vegetation and special-status species as well as on environmental justice communities
in the Gulf Coast; 2) wildfire risk and impacts on downline water resources; 3) local accident risk; 4)
uncertain financial viability; and 5) full potential for environmental harm. The court also vacated the
U.S. Fish and Wildlife Service’s biological opinion prepared for the project, which discussed the
railway’s potential impacts on threatened and endangered species and critical habitats. On December 4,
2023, the court denied a petition for rehearing of the challenges to its August 2023 decision.
Because the Forest Service ROD was based on the vacated (in part) EIS and biological opinion, the
Forest Service is withdrawing the decision and associated project-specific forest plan amendment. If the
deficiencies are addressed and resubmitted for consideration, the Forest Service may issue a new
decision.
The withdrawal will be noted on the Forest Service project webpage at:
https://www.fs.usda.gov/project/ashley/?project=56603 and on the 1986 Forest Plan webpage at:
https://www.fs.usda.gov/detail/ashley/landmanagement/planning/?cid=stelprdb5277265. For additional
information, contact Kristy Groves, Duchesne-Roosevelt District Ranger, at kristy.groves@usda.gov.

Sincerely,
Digitally signed by
SUSAN SUSAN EICKHOFF
EICKHOFF Date: 2024.01.16
12:50:02 -07'00'
SUSAN EICKHOFF
Forest Supervisor

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