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Norfolk Southern

Hon. John Warner
U.S. Senate
225 Russell Building
Washington, D.C. 20510

Hon. James Webb
U.S. Senate
144 Russell Building
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Hon. James Moran
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City Council
301 King Street
Alexandria, VA 22314

This page contains references and links to all electronic communications among City staff, and between City staff, Norfolk Southern, and the community regarding the establishment and operation of the Ethanol Transloading Facility. The communications, furnished in response to requests made under the Virginia Freedom of Information Act, cover the period from June 20, 2006 at 8 a.m. to May 29, 2008, at 5 p.m.

E-mail addresses and telephone numbers have been redacted to protect the privacy of residents and of City staff whose home and mobile phone numbers were included on the communications. To contact City officials or staff, please use the links on the left side of this page, or Contact Us.

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Fw: Fw: Haul Permit

  • To: "Cameron Hall" <text converted to image to prevent junkmail harvesting>
  • Subject: Fw: Fw: Haul Permit
  • From: Adam Thiel/Alex
  • Date: 29 May 2008 08:38:49
  • Bcc:
  • Cc:

Please calendar...

    ----- Original Message -----
    From: Jim Hartmann
    Sent: 05/28/2008 06:23 PM EDT
    To: Rich Baier
    Cc: Adam Thiel; Mark Jinks; Michele Evans
    Subject: Re: Fw: Haul Permit
Lets touch base on this at 9:30 tomorrow

Jim Hartmann
Alexandria City Manager

Rich Baier/Alex

05/28/2008 04:53 PM

"Jim Hartmann" <text converted to image to prevent junkmail harvesting>, Michele Evans, Mark Jinks
Adam Thiel/Alex@Alex
Fw: Haul Permit

I just finished speaking with IP and he agrees that we can reasonably regulate the number of trucks given that the one side of the street is residentially zoned.  As such, I propose that we limit the trucks to the hours of 7 am to 7pm (one hour later than the regulated and normal construction time of 7 am to 6 pm), regulate the route as set forth in my prior email, and cap the trucks at a maximum of 20 per day (which was the max. witnessed on site to date).....

Richard J. Baier, P.E.
Transportation and Environmental Services
City of Alexandria
301 King Street
Alexandria, VA 22314
Fax: xxx-xxx-xxxx

----- Forwarded by Rich Baier/Alex on 05/28/2008 04:18 PM -----
Ignacio Pessoa/Alex

05/28/2008 02:29 PM

Mayor Euille, Mayor Euille, Paul Smedberg
Mayor Euille, Mayor Euille, Del Pepper, Ludwig Gaines, Ludwig Gaines, Rob Krupicka, Paul Smedberg, Timothy Lovain, Justin Wilson/Alex@ALEX, Jim Hartmann/Alex@Alex, Michele Evans/Alex@Alex, Mark Jinks/Alex@Alex, Adam Thiel/Alex@Alex, Rich Baier/Alex@Alex, Tony Castrilli/Alex@Alex, text converted to image to prevent junkmail harvesting, Christopher Spera/Alex@Alex, George McAndrews/Alex@Alex,,,,,,
Re: Fwd: Haul PermitLink

Bill and Paul:

        While the City does have statutory authority to subject truck traffic to and from the site to a haul route permit, and while that authority, unlike our zoning authority, is not per se preempted by federal law, the City's authority cannot be exercised in a manner which would render the operation of the transloading facility infeasible.  Under federal law, City safety codes and ordinances are not preempted, so long as such codes regulate the manner in which the use is conducted, are reasonably objective in the standards imposed, are not applied in a discriminatory fashion, and will not have the effect of unreasonably preventing the conduct of the use.

        Put differently, we cannot use the haul route permit to accomplish indirectly what we cannot accomplish directly through our zoning authority.  In addition, there has been no instance in the past 20+ years in which a haul route permit has been refused by the City so as to render the associated activity in the City infeasible.  Thus, any such attempt here would discriminate against this use, and would be invalid on that basis alone.  Once the issues germane to determining the safest haul route have been resolved by the City, the City will have no proper alternative other than to issue the permit.

        As I discussed with Council with respect to the contracting issue, the identity of the direct employer of the personnel who conduct the day-to-day transloading operations is not determinative of the preemption question.  Rather, the dispositive question is whether those individuals are engaged in the common carrier business of the railroad, albeit under contract between the railroad and another firm, or are engaged in the other firm's fuel distribution business, located by practical necessity on railroad property.  Based on the record and information available to the City in this case, it would appear that this operation is part of the Norfolk Southern Railway Company's common carrier business.  Thus my conclusion that preemption applies.

        However, as directed last night by the Council, I will shortly be suggesting that the City pursue a process to further discover and develop the facts of this case, and secure a definitive determination of the preemption question.  In addition, the City Manager's Office has sought to enlist the aid of our congressional delegation, to redress the egregious circumstance in which such a facility could be located without meaningful governmental review inside the Capital Beltway.

        Please let me know if you have any additional questions at this time.



Paul Smedberg

05/28/2008 12:34 PM

text converted to image to prevent junkmail harvesting
text converted to image to prevent junkmail harvesting
Fwd: Haul Permit

Please add my name to this request from the Mayor.  Please see my e-mail message below to the original recipients.

-----Original Message-----
From: Paul Smedberg
To: Mayor Euille;
Sent: Wed, 28 May 2008 12:30 pm
Subject: Re: Haul Permit

Thank you for making what I think is a very good suggestion.  I agree with the Mayor that the City Attorney should expediate a review of our legal and local authority options as it specifically relates to the haul routes and our ability to "manage" those permits.  I will add my name to the Mayor's request to the City Attorney.

As you know, I have several other questions in addition to the haul routes.  I certainly hope the City Manager and his senior staff immediately draft and propose a plan on how we can move forward so all the questions and concerns can be brought forth.  

I will be in touch soon.

-----Original Message-----
Mayor Euille
To:; Paul Smedberg
Sent: Wed, 28 May 2008 11:27 am
Subject: Re: Haul Permit

I have forwarded this to the City Attorney for a response.

-----Original Message-----
From: mindylyle <>
To: 'Paul C Smedberg' <
Paul Smedberg>; 'WILLIAM EUILLE' <Mayor Euille>
Cc: 'J Bennett' <>; 'Art Impastato' <>; 'Ingrid Sanden' <>; 'Sullivan, John' <>
Sent: Wed, 28 May 2008 9:27 am
Subject: Haul Permit

Is there any way that the Haul Permit for Norfolk Southern can be pulled or delayed?  Isn?t this a city permit?  If this can be done, would that not seriously impact the operation?  After listening last night, if they can not move the ethanol off of the site then the operation can?t continue until the permit is put back in place. If it takes even a minor violation we can get people to take shifts with a camera.
Also, does the fact that the workers are not Norfolk Southern employees take this out of a railroad operation?
Mindy Lyle
5235 Tancreti Lane
Alexandria, VA  22304
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