Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:07-cv-00271-RHH

Document 56-4

Filed 05/15/2008

Page 1 of 3

;¿/(por0
United States Departent of the Interior &I
",.:.

BURAU OF LAN MANAGEMENT . "I ~E"

Tucson Field Offce I~Eii\~
In Reply Refer To:

12661 East Broadway Tucson, AZ 85748

ww.az.blm.gov
Marh 22, 2006
Honorable V emon A~ Wiliam
Surace Transprttion Board

6200

1925 K. Stree NW

Washigtn, DC 20423 .
Dea Secreta Wilia,

Th letter provides comment regading on-going proceedings about the proposed abandonment
of th San Pedro

Ralroad Opratig Company, LLC, in Cochise County, Anzona, STB Docket
an Offer of

No. AB-1081X. and fle potential approval of

Financial Assistace made by an LLC

mov.n as Sonora-Arzona Intertional.
The Bureau of

railroad in question. Over fort-five miles of

Lad Magement (BLM) constitutes the majority landowner adjacent to the the rail corrdor pases through the San Pedro
Congr, and signed into law by President Reagan in 1988, to protect the
this public land surrounding the San Pedro River in

Riparan National Consertion Area (SPRNCA). This National Conservation Ara was
designted by act of

ripaan area and the unque aquaic, wildlife, archeological, paleontological, scientific, cultural,
eductional and retional resoures of

Cohise County, Arna.
. The SPRNCA posseses interntionally significant resource values, for which the Burau of

Lad

Mangement has invesed mllons of dollars over the years to presere, protect and enhance. A
smll list of

the outsding oprtnities for scientifi reseh, and public education,

interpretation and visitaon, include:
. 84 spes ofmanuls have been docwnented in the Upper San Pedo

Basin. This is only secnd in the world for maal species diversity,
. 40 species of birds utilize the SPRNCA. Interationally recognzed

as one

of th worlds most imortt migrtory bird corrdors and breeding area, the
SPRNCA is designte as "One of the Importt Bird Areas of the United

. States" by the Amrican Bir Consrvancy. 100 of the 400 species of birds.
are reident spies. The remaining species are migrtory birds. Several of
C...~;:~Gr¿;~~~ ~:.~:~~~.~: ~~~:;
li. . .:~. ~ :... _

which are listed under the 11eateed and Endagered Species Act.
· 41 spies of amphibian and reptiles have ben recorded in the SPRNCA.
· 2 of the histoncal1y known 13 native fish species (longfin dace and deser . sucker)inhabit the SPRNCA.

Part C'f
Pt~~~::' r :::::)~r.

· 21 differt plant associations (Brown, Lowe and Pase classification) are

foimd in the SPRNCA. Including a Fremont cottonwoo and Goodding
wilow gallery,

lush riparan under-story, mixed and sacaton grasslands,

meuite bosque& and rae cienega marshes.
· The San Pedo River is one of the only remaining un-dammed rivers in the United States. The river rus 140 miles south to north from Sonora Mexico

Def. Exhibit B

Case 1:07-cv-00271-RHH

Document 56-4

Filed 05/15/2008

Page 2 of 3

to the Gila River. The SPRNCA contains approximately 45 miles of

the

river and ha bee designated as "One of the last great places in the world"

by The Natue Conseancy.

. Two mammoth sites assoiated with Clovis Hunters datig back over 11,200
year ago are found in the SPRNCA. These world-elass sites documet some

of th earliest known huma occupancy in Nort Amerca.
. Himdred of

rerdd Native American prehistoric site from 8,000 BPto I

AD; and Mogollon, Hohoka and Salado occupation sites from AD 1 to 1450; Sobaipur occupation sites from 1450 to 1769, and Apache sites from 160 to 1886.
. Spanish ocupation sites from 1539 to 1820 such as the Spanish Presidio of Santa Cru de Terenate (1775 to 1780). Terrenate is the only federally

maged Presidio tht is in a natul setting. . Mexica and Amrican rachig occupation from i 821 to 1986 utilizing two
lage Spanish Lad Grts. Significant sites such as the BoquiUas Rach

Headquars, the San Pedr House, and the Clanton Rach have significant
. Procesing of

scientific and interretative values. gold and silver ore sites from 1978 and.1890. Nine mils
operate adjacent to the San Pedro River to support mining activities in such

places as Tombstone, Arzona. These núlls were all supplied and servced by a rich legacy of railroad operations.

As documented in the Final- San Pedro Riparan Maagement Plan and Envionmental Impact
Statement, June 1989, the Bureau of

Lad Mangement ha long indicated its desire to acquire or

railban the railroad corrdor rung though the SPRNCA, should the line be abandoned .
Natully, the BLM strongly support recent fiings of

the San Pedo Oprating Company, LLC (SPROq, to abandon the corrdor, and the Tru for Public Land's fiing ofa Public Use Condition to review and negotiate the possible conversion of the San Pedro railroad from a rail corrdor to a multiple-us, non-motorize public triL. SPROC's own abandonment docwntation cites the lack of economic via~ilty of the railroad, indee the previous thee
and environmental review.

owner-opetor's came to the sae conclusion as documented in SPROC's abandonment fiing

The company went so

far as to suggest the best and highest us of this old railroad line would be the converion of the rail to a triL. In addition to ths endorsement, on Janua 18l1, 2006, the

Cohise County Board of Supeso submitted to the Bureau of Lad Mangement, Resolution
No. 06-9, requestg th Surce Trarttion Board approve the abandonnt reuested by
SPRÇ)C,. in favor of Inter Trail Use and Railbang, with potetial development of a

significant receational resurce. Of cour, railbag and trail development would not

prclude futu resonsible railrd development.

Whle the Bureau of Lad Magement mas clear our desire to conver the San Pedro rail
corrdor to a 'Rail-Trail,' the BLM is well awar of, and support the mission of Trartation Boad, however, the subsequent Offer of

the Surace

Financial Assistace (OFA), and the prOpOsed acquiition of the San Pedro railroad by Sonora-Arzona Intetional, LLC, led by Mr.

Chles Ivt Sotelo, severa named ventue caitaists, and sever un-namd individuals and
financial sources, none of whom appear to be highy experienced railroad opators, represents a

disturbing proposition at best.

Case 1:07-cv-00271-RHH

Document 56-4

Filed 05/15/2008

Page 3 of 3

In the OF A, we read that Sonora-Arzona Interntional, has agreements with undefined Mexican

business interests to trsport rail freight nort, across the International Border though the Naco Port of Entr, and on to Tucson, Arzona. In order to justify Sonora-Arzona Interational's proposed purhase and development of the railroad, in intervews with local media, Mr. Sotelo has stated that significant numbers of tanker trcks containing suphurc acid and other byproducts and waste assoiated with Mexican copper mining are curently crossing the
Intemational Border and ar trveling though local communities in Cochise County, puttg
these conuunties at great risk due to the possibility of collsions, andspils of

these hazadous
Entr. United

materals, However, documentation obtained by the BLM from the U.S. Customs Servce,
indicates over the last year there have been no such trffc though local Ports of

Stak:s Customs agents indicate tht all such trffc is curently maifest though the Nogales,

Ar:ma, Port of Entr.
As a result of the informtion from Sonora-Arna hiternational regarding their intention to develop the Naco, Arzona Port of Entr, and the San Pedro ralroad for the expressed purose of
trportig extremely hadous materials for 45 miles along, and though the San Pedro

Riparan National Consation Area and the adjacent watershed, which serves many local
landowners and commwiities, the Bureau of Land Mangement strongly support the immediate denial of the OF A of Sonora-Arzona InternationaL.

:1 I

Furher, due to the international impacts of this proposal, the Surface Transprttion Board should not be bound to decide in favor of Sonora-Arzona International, LLC, without placing the details ofthe OFA and their plan of opeations under significant scrtiny. Prior detailed environmental review of their proposals should be conducted, parcipation of the Deparent of Homeland Security and the u.s, State Deparent should be engaged, and furer input from entities and agencies should be sought as a prerequisite to, and.condition of, affected individuals,
awarding the acquisition of

the San Pedo railroad to Sonora-Arzona InternationaL.

Th you for ths opportity to comment on this issue,
Sincerely, and respectfully submitted,

ForI Wiliam Childress Manager
San Pedro Ripaan National Conservation Area

Enclm:ures
Cochu;e County, Board ofSupesors, Resolution No. 06-09 U.S. Customs Servce, Naco, Arzona, Importtions though the Port of Naco, AZ, CY200S
1

,/