All Discussions Tagged 'NCRA' - Northwestern Pacific Railroad Network2024-03-29T15:52:47Zhttps://nwprr.net/forum/topic/listForTag?tag=NCRA&feed=yes&xn_auth=noMendocino County Railway Society Newsletter Excerptstag:nwprr.net,2019-02-24:3290209:Topic:1914912019-02-24T23:58:51.732ZDave S.https://nwprr.net/profile/dms
<p>Stumbled upon this interesting webpage. Fifteen years of history on the NWP route from 1989 through 2004. Topics include: Eureka Southern, NWP, New NWP, Sierra Club, NCRA, and other State entities.</p>
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<p><a href="http://www.northcoastrailroad.org/MCRS/Excerpts%20from%20MCRS%20newsletters.htm">http://www.northcoastrailroad.org/MCRS/Excerpts%20from%20MCRS%20newsletters.htm</a></p>
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<p>Stumbled upon this interesting webpage. Fifteen years of history on the NWP route from 1989 through 2004. Topics include: Eureka Southern, NWP, New NWP, Sierra Club, NCRA, and other State entities.</p>
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<p><a href="http://www.northcoastrailroad.org/MCRS/Excerpts%20from%20MCRS%20newsletters.htm">http://www.northcoastrailroad.org/MCRS/Excerpts%20from%20MCRS%20newsletters.htm</a></p>
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<p></p> CEQA Alert: CEQA Does Not Apply to Approval of Proposed Railroad Operations – Express Preemption by ICCTAtag:nwprr.net,2014-10-19:3290209:Topic:1351162014-10-19T02:51:01.474ZDavid L ILLICHhttps://nwprr.net/profile/DavidLILLICH
<p>CEQA Alert: CEQA Does Not Apply to Approval of Proposed Railroad Operations – Express Preemption by ICCTA <br></br>more+less-10/7/2014byNicole Martin, Donald Sobelman | Barg Coffin Lewis & Trapp, LLP Contact more+<br></br>less-Explore: Caltrans CEQA Environmental Review ICCTA NCRA Preemption Railroads Surface Transportation Board inShare.3Send Embed To embed, copy and paste the code into your website or blog:</p>
<p>California’s First Appellate District has held that federal law preempts CEQA’s…</p>
<p>CEQA Alert: CEQA Does Not Apply to Approval of Proposed Railroad Operations – Express Preemption by ICCTA <br/>more+less-10/7/2014byNicole Martin, Donald Sobelman | Barg Coffin Lewis & Trapp, LLP Contact more+<br/>less-Explore: Caltrans CEQA Environmental Review ICCTA NCRA Preemption Railroads Surface Transportation Board inShare.3Send Embed To embed, copy and paste the code into your website or blog:</p>
<p>California’s First Appellate District has held that federal law preempts CEQA’s application to the approval of proposed railroad operations. Although this was an issue of first impression for a California appellate court, the decision adopts the reasoning of a uniform line of decisions by federal courts and the Surface Transportation Board (STB) holding that the Interstate Commerce Commission Termination Act (ICCTA) broadly preempts state statutes requiring environmental review as a condition of railroad operations.</p>
<p>The decision in Friends of Eel River v. North Coast Railroad Authority et al. (September 29, 2014; 1st DCA Case No. A139222) arose from two separate actions challenging the reopening of rail service from Willits, in Mendocino County, to Lombard, in Napa County. The government agency charged with maintaining rail service on that line, the North Coast Railroad Authority (NCRA), initially prepared and certified an EIR, but later – following a legal challenge – passed a resolution rescinding certification of the EIR. NCRA explained that it had “mistakenly, but in good faith, believe[d] that it needed to complete” an EIR for resumed rail operations, but had since determined that the ICCTA expressly preempted application of CEQA to the project.</p>
<p>The Court of Appeal focused on the “expansive language” of ICCTA’s “broadly worded express preemption provision,” which gives the STB exclusive jurisdiction over transportation by rail carriers and the construction, acquisition, and operation of railroad tracks and facilities, even if located entirely in one state. The court found “persuasive and fully applicable to the case before us” a uniform line of federal court and STB cases concluding that state statutes requiring environmental review as a condition to railroad operations are preempted by the ICCTA.</p>
<p>Although petitioners pursued several lines of attack to defeat the preemption argument, the court rejected all of them. Most importantly, the court ruled that the market participation doctrine – which precludes preemption where the state acts in a “proprietary” role as a market participant, rather than as a regulator – did not apply. According to the court, “[t]he aspect of CEQA that allows a citizen’s group to challenge the adequacy of an EIR when CEQA compliance is required is clearly regulatory in nature, as a lawsuit against a governmental entity cannot be viewed as part of its proprietary action, even if the lawsuit challenges that proprietary action.” The court acknowledged that the Third Appellate District reached a contrary conclusion concerning the market participation doctrine in another recent CEQA decision, but disagreed with that court’s analysis of the issue.</p>
<p>The court also rejected petitioners’ other arguments, holding that:</p>
<p>1.An agreement between NCRA and Caltrans that governed the process for obtaining state funding and included an environmental review provision did not obligate NCRA to complete an EIR. Moreover, as non-parties to that agreement, petitioners had no standing to assert such a claim.</p>
<p>2.NCRA’s agreement to comply with CEQA with respect to certain work – which was contained in a consent decree reached in separate litigation – did not confer a contractual obligation on NCRA to prepare an EIR for the reopening of the rail line. And even if it did, petitioners, as nonparties to that consent decree, lacked standing to sue.<br/>3.Petitioners’ Tenth Amendment, judicial estoppel, and collateral estoppel arguments were without merit</p>
<p>COURT DOC PDF</p>
<p><a href="http://www.courts.ca.gov/opinions/documents/A139222.PDF">http://www.courts.ca.gov/opinions/documents/A139222.PDF</a></p> NCRA in the newstag:nwprr.net,2011-12-27:3290209:Topic:622492011-12-27T06:19:23.216ZZachary M. Tolerhttps://nwprr.net/profile/ZacharyMToler
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<p><span style="font-family: 'Lucida Sans Unicode','sans-serif'; color: black; font-size: 10pt;">Check out this clip from News Channel 3-<a href="http://kiem-tv.com/node/2729">http://kiem-tv.com/node/2729</a></span></p>
<p><span style="font-family: 'Lucida Sans Unicode','sans-serif'; color: black; font-size: 10pt;">The first story about feeding the homeless takes place on the NCRA ROW, under the 101 overpass in north Fortuna. Big "encampment" there. The forth story is about studying…</span></p>
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<p><span style="font-family: 'Lucida Sans Unicode','sans-serif'; color: black; font-size: 10pt;">Check out this clip from News Channel 3-<a href="http://kiem-tv.com/node/2729">http://kiem-tv.com/node/2729</a></span></p>
<p><span style="font-family: 'Lucida Sans Unicode','sans-serif'; color: black; font-size: 10pt;">The first story about feeding the homeless takes place on the NCRA ROW, under the 101 overpass in north Fortuna. Big "encampment" there. The forth story is about studying the possibility of building a rail line from Eureka to Red Bluff.</span></p> NCRA/BUGX/NWPY 3804tag:nwprr.net,2011-11-19:3290209:Topic:568992011-11-19T11:31:21.565ZZachary M. Tolerhttps://nwprr.net/profile/ZacharyMToler
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<p><span style="font-family: 'Lucida Sans Unicode','sans-serif'; color: black; font-size: 10pt;">The way NWP keeps moving 3804 around, I feel as if we're being deceived. Does anyone know the plans for this unit?!?!? Is it even operable, as I thought I heard on here that it was moved under its own power once? Is NWP leasing it, or is Mr. Munson planning to move it to Turlock at some point? If the latter is the case, if someone could post on here the move date, then we could be there to…</span></p>
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<p><span style="font-family: 'Lucida Sans Unicode','sans-serif'; color: black; font-size: 10pt;">The way NWP keeps moving 3804 around, I feel as if we're being deceived. Does anyone know the plans for this unit?!?!? Is it even operable, as I thought I heard on here that it was moved under its own power once? Is NWP leasing it, or is Mr. Munson planning to move it to Turlock at some point? If the latter is the case, if someone could post on here the move date, then we could be there to photograph this unit goodbye. Somebody could even track its progress on its way to Turlock!!! Any info is better than none, so if you know something about 3804, please share!</span></p>
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<p><span style="font-family: 'Lucida Sans Unicode','sans-serif'; color: black; font-size: 10pt;"> Regards,</span></p>
<p><span style="font-family: 'Lucida Sans Unicode','sans-serif'; color: black; font-size: 10pt;">Zachary M. Toler</span></p> Status of Balloon Track-Sept. 2, 2011tag:nwprr.net,2011-09-03:3290209:Topic:420082011-09-03T06:40:49.274ZZachary M. Tolerhttps://nwprr.net/profile/ZacharyMToler
<p>Was at the Balloon track yesterday, and I'm sad to report that all rolling stock, except for two NCRA dump cars, a supply boxcar off it's trucks and the locomotives, is gone. There <u>were</u> two ex Railboxes, a log car, some flats, and a third NCRA dump car, and these are all gone! I think Dad took some photos, I'll check and see, then post. By the way, the remaining NCRA dump cars are NCRMW 103 & 104, I think they scraped NCRMW 105.</p>
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<p>Marina Center website-…</p>
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<p>Was at the Balloon track yesterday, and I'm sad to report that all rolling stock, except for two NCRA dump cars, a supply boxcar off it's trucks and the locomotives, is gone. There <u>were</u> two ex Railboxes, a log car, some flats, and a third NCRA dump car, and these are all gone! I think Dad took some photos, I'll check and see, then post. By the way, the remaining NCRA dump cars are NCRMW 103 & 104, I think they scraped NCRMW 105.</p>
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<p>Marina Center website-</p>
<p><a rel="nofollow" href="http://www.marinacenter.org/">http://www.marinacenter.org/</a></p> Fortuna endorses efforts to re-establish rail to Humboldt Bay-Times-Standard, 08/19/2011tag:nwprr.net,2011-08-21:3290209:Topic:389022011-08-21T06:32:39.217ZZachary M. Tolerhttps://nwprr.net/profile/ZacharyMToler
<p>While <em>some</em> cities along the NWP, no need to mention which <span style="color: #ff0000;"><strong>one</strong></span>, ahem, have been trying to <span style="color: #ff0000;">STOP</span> the <span style="color: #008000;">NWP</span>, MINE is all in favor of restoring service. The original story is found HERE-<a href="http://www.times-standard.com/localnews/ci_18715562">http://www.times-standard.com/localnews/ci_18715562</a> watch out for pop ups there. So I'll repost it here.…</p>
<p>While <em>some</em> cities along the NWP, no need to mention which <span style="color: #ff0000;"><strong>one</strong></span>, ahem, have been trying to <span style="color: #ff0000;">STOP</span> the <span style="color: #008000;">NWP</span>, MINE is all in favor of restoring service. The original story is found HERE-<a href="http://www.times-standard.com/localnews/ci_18715562">http://www.times-standard.com/localnews/ci_18715562</a> watch out for pop ups there. So I'll repost it here.</p>
<h1 class="articleTitle" id="articleTitle"><span style="color: #003366;">Fortuna endorses efforts to re-establish rail to Humboldt Bay</span></h1>
<div class="articleByline" id="articleByline"><h1 class="articleTitle" id="articleTitle"><span class="font-size-2">Jessica Cejnar/The Times-Standard</span></h1>
<div class="articleDate" id="articleDate"><h1 class="articleTitle" id="articleTitle"><span class="font-size-2">Posted: 08/19/2011 02:20:09 AM PDT</span></h1>
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<p>Saying such an endeavor would revitalize the local economy, Fortuna elected officials endorsed a project that would re-establish rail service between the Humboldt Bay region and points south.</p>
<p>But rather than support government funding for the project, the city's mayor and city council voiced a hope that offering their support to the railroad will encourage private investors.</p>
<p>The Fortuna City Council spent two hours Monday hearing from members of the North Coast Railroad Authority on their project to reconnect the Bay Area and Humboldt Bay by rail. The council also heard from community groups opposing and supporting the project. Following public discussion, in addition to voting 5-0 in support of the project, council members unanimously announced their opposition to rail banking. Rail banking is a practice that preserves the railroad's right-of-way on lines that haven't been used for a number of years.</p>
<p>The North Coast Railroad Authority and the Northwestern Pacific Railroad Co. succeeded in restoring rail service along 62 miles between Marin and Napa counties, said 2nd District Supervisor Clif Clendenen, Humboldt County's representative on the board. The authority also recently approved the environmental impact report for restoration of rail service between Schellville and Willits.</p>
<p>The first 62 miles of the authority's rail line cost about $60 million in money authorized by the California Department of Transportation and the California Public Utilities Commission, Clendenen said. State transportation congestion relief funds also helped pay for the project, he said.</p>
<p>Clendenen pointed out that just getting the first part of the railroad built was a huge step forward because it goes through the most populated area the authority represents. He estimated that the entire cost to restore rail service from the Bay Area through the Eel River canyon to Humboldt Bay would cost more than $500 million.</p>
<p>”The permitting agencies and water quality stuff would be very onerous,” Clendenen said. “So bottom line, you need a business plan, you need a bunch of shippers lined up and a bunch of freight for it to make sense.”</p>
<p>Fortuna Mayor Doug Strehl said he knows that government agencies can't afford to pay to re-establish the railroad to Humboldt Bay, but a railroad is necessary if the area is ever going to get developed.</p>
<p>”For years we've been told that we can't develop the bay without a railroad,” he said. “And we can't develop the railroad without a bay. We're stuck between a rock and a hard spot.”</p>
<p>Strehl pointed out that revitalizing Humboldt Bay will be a way of revitalizing the Fortuna community, which would benefit from the jobs that would come as a result of the railroad. He said the council opposed rail banking the unused rail line because putting another form of infrastructure in the right-of-way would make it difficult to re-establish the railroad.</p>
<p>”I'm for keeping it in the railroad's control as long as it possibly can,” he said. “And as long as they're not the ones banking it then I think they should have control over it.”</p>
<p>Chris Weston, member of the Eel River Trails Association, also spoke in front of the city council. According to him, because of the lack of major manufacturing or an urban population center in the Humboldt Bay area, active railroad service north of Willits to Humboldt County wouldn't be able to sustain itself. The council's hopes for private investment in the railroad aren't realistic, Weston stated in an e-mail Thursday. And maintaining the rail line every year in a geologically unstable area like the Eel River canyon would be too expensive, he said.</p>
<p>”Despite such challenges, if rail proponents are able to find a practical model for resumption of rail service, that would be wonderful news,” Weston said. “But I will only believe it when I see it.”</p>
<p>The Eel River Trails Association promotes the establishment of trails through the Eel River canyon area.<br style="clear: both;"/><br style="clear: both;"/></p>
<div class="photo"><img height="268" width="400" src="http://extras.mnginteractive.com/live/media/site127/2011/0819/20110819__local_rail_GALLERY.jpg" id="image" style="visibility: visible;"/><---this photo was w/ the story. I have a copy of the paper, and I think there was a second photo. If so, I'll scan it later.</div>
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<div class="photo"> Regards,</div>
<div class="photo">Zachary M. Toler</div> Rules of the NO!tag:nwprr.net,2011-08-17:3290209:Topic:374402011-08-17T13:26:09.171ZZachary M. Tolerhttps://nwprr.net/profile/ZacharyMToler
<p>This discussion is open for business! OK, I have some questions about the rules and regluations recently imposed on <span style="color: #008000;">NCRA</span> and <span style="color: #008000;">NWP</span> by Novato City Council. This is intended as a question and (hopefully) answer session. Please only post questions and answers on the topic here. If you simply<span style="font-family: book antiqua,palatino;"> must</span> <span style="color: #008000;">opine</span>,…</p>
<p>This discussion is open for business! OK, I have some questions about the rules and regluations recently imposed on <span style="color: #008000;">NCRA</span> and <span style="color: #008000;">NWP</span> by Novato City Council. This is intended as a question and (hopefully) answer session. Please only post questions and answers on the topic here. If you simply<span style="font-family: book antiqua,palatino;"> must</span> <span style="color: #008000;">opine</span>, <span style="color: #ff9900;">vent</span> or <span style="color: #ff0000;">rant</span> about Novato, please, I invite you to do so <span style="font-family: georgia,palatino; color: #0000ff;"><span>CIVILLY</span></span> on my discussion "Novato, anyone?" found <span style="font-family: arial black,avant garde;">HERE</span>-<a href="http://nwprr.net/forum/topics/novato-anyone">http://nwprr.net/forum/topics/novato-anyone</a></p>
<p> So I'll start us off w/ a question that's been bugging me for some time now-Does the low emissions requirement effectively ban steam engines, too, or are they grandfather-claused in?</p>
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<p>Zachary M. Toler</p> Novato, anyone?tag:nwprr.net,2011-07-24:3290209:Topic:319442011-07-24T00:35:55.926ZZachary M. Tolerhttps://nwprr.net/profile/ZacharyMToler
I just want to know, on what grounds can Novato force the $500 a day use of that Genset, and ban trains from blowing the horns? Last time I checked, it was a FRA requirement that trains blow their horns when approaching a grade crossing, so who is Novato to force the NWP to violate a Federal law? Besides, it's not like the NCRA signed an aggreement w/ Novato 10 years ago, that said there won't be trains NEVER EVER EVER EVER...EVER again. In the mean time, Novato built those houses along the…
I just want to know, on what grounds can Novato force the $500 a day use of that Genset, and ban trains from blowing the horns? Last time I checked, it was a FRA requirement that trains blow their horns when approaching a grade crossing, so who is Novato to force the NWP to violate a Federal law? Besides, it's not like the NCRA signed an aggreement w/ Novato 10 years ago, that said there won't be trains NEVER EVER EVER EVER...EVER again. In the mean time, Novato built those houses along the line, seemingly oblivious to the millions being spent to restore rail service. The RR didn't go away, but Novato ACTS like it did. It doesn't make any sense to me, and I say, if Novato wants us to use a Genset, fine, they should have to pay for it. Otherwise, they have no right to tell NWP WHAT kind of engine to use, and I personaly WON'T buy ANYTHING made in Novato until they stop this nonsense, unless it utilizes rail service. I know that Novatos' city council would be singing a different tune if they were presented with a bill for that Gensets' use! That'd put a stop to these "STEALTH TRAINS" some members of this site have complained about! ANYHOO, your thoughts on this topic are welcomed! Eureka Circus Train 1993?tag:nwprr.net,2010-11-06:3290209:Topic:134942010-11-06T04:53:44.000ZZachary M. Tolerhttps://nwprr.net/profile/ZacharyMToler
<p>When I was in preschool, I seen a photo of a SP or possible NCRA GP9 in Eureka on the tracks next to what I believe was a circus train. I think the photo was taken in 1993. Can anyone out there tell me more or post photos you have of this train? It might be cool to model someday, but I'll need much more info about it and I'll have to see some photos of it. All I have is this image ingrained in my head of the end of this circus train and the Bloody Nose GEEP next to it. I haven't seen this…</p>
<p>When I was in preschool, I seen a photo of a SP or possible NCRA GP9 in Eureka on the tracks next to what I believe was a circus train. I think the photo was taken in 1993. Can anyone out there tell me more or post photos you have of this train? It might be cool to model someday, but I'll need much more info about it and I'll have to see some photos of it. All I have is this image ingrained in my head of the end of this circus train and the Bloody Nose GEEP next to it. I haven't seen this photo again! Funny the things you remember as a kid. Proves one thing-I'm a life long railfan!!!</p>
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<p>Zachary</p> NCRA to sue CBS over billboards on ROW; Coastal Commission reviewing legalitytag:nwprr.net,2010-10-09:3290209:Topic:124572010-10-09T21:26:15.000ZZachary M. Tolerhttps://nwprr.net/profile/ZacharyMToler
This story can be found on the Times-Standard website- <a href="http://www.times-standard.com/localnews/ci_16286478">http://www.times-standard.com/localnews/ci_16286478</a> OR on the News Channel 3 website- <a href="http://kiem-tv.com/?q=node/1087">http://kiem-tv.com/?q=node/1087</a> Aren't these billboards the only income to the RR now? At least on the north end?
This story can be found on the Times-Standard website- <a href="http://www.times-standard.com/localnews/ci_16286478">http://www.times-standard.com/localnews/ci_16286478</a> OR on the News Channel 3 website- <a href="http://kiem-tv.com/?q=node/1087">http://kiem-tv.com/?q=node/1087</a> Aren't these billboards the only income to the RR now? At least on the north end?