Decision 32427
Served (printed as 1/18/2002) · Decision · Director Of Proceedings
ORDERED THAT THE EXEMPTION OF THE ABANDONMENT OF THE RAIL LINE IS SUBJECT TO THE CONDITION THAT, PRIOR TO SALVAGE OPERATIONS, CSXT CONSULT WITH FWS TO DETERMINE POTENTIAL IMPACTS TO THE SLACKWATER DARTER, PARTICULARLY WITH REGARD TO THE REMOVAL OF THE RAIL LINE BRIDGE OVER SWAN CREEK, AND IF FWS DETERMINES THAT FORMAL CONSULTATION IS NECESSARY, PURSUANT TO SECTION 7 OF THE ENDANGERED SPECIES ACT, CSXT SHALL NOTIFY THE BOARD AND BE PROHIBITED FROM CONDUCTING ANY SALVAGE OPERATIONS OR DISPOSING OF THE ENTIRE RIGHT-OF-WAY UNTIL COMPLETION OF THE SECTION 7 PROCESS OF THE ENDANGERED SPECIES ACT.
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