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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
Washington, DC 20510
Hon. James Moran
U.S. House of Representatives
2239 Rayburn Building
Washington, DC 20515
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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Re: FW: interesting call

  • To: "mindylyle" <>;;
  • Subject: Re: FW: interesting call
  • From: Ignacio Pessoa/Alex
  • Date: 29 May 2008 10:50:25
  • Bcc: Justin Wilson
  • Cc:

Mindy, Tim and Ingrid:

        There is some misunderstanding here.  The legislation to which you refer below is not the law which preempts the ethanol facility from local zoning regulation.  That statute, adopted in its current form in 1995, is 49 USC 10501(b).

        The legislation referred to below was part of the Consolidated Appropriations Act of 2008, Pub. L. No. 110-161, Section 193.  What that recent legislation accomplishes is a partial carve out from federal preemption for solid waste transloading operations.  Justin mentioned this sold waste legislation during the meeting, but this was only as an example of what the City might seek from Congress.  It has no application to the ethanol facility here.

        Give me a call if you want to discuss this.  xxx-xxx-xxxx, or cell xxx-xxx-xxxx.


"mindylyle" <>

05/29/2008 10:30 AM

<text converted to image to prevent junkmail harvesting>
FW: interesting call

Please see the email below

Mindy Lyle
5235 Tancreti Lane
Alexandria, VA  22304

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-----Original Message-----
From: Ingrid Sanden []
Sent: Thursday, May 29, 2008 9:57 AM
To: Justin Wilson; Rob Krupicka; Tim Lovain; Del Pepper; Paul Smedberg;
Ludwig Gaines; Bill Euille
Cc: J Bennett; mindylyle; Impastato, Arthur; Miller Jonathan
Subject: interesting call


I just got off of an interesting phone call with Mr. Moran's
environmental staffer (Hill office), Tim Aiken, who was incredibly
helpful. I sent him the legislation that the city attorney presented
as reasons for Norfolk Southern's preemption and also presented
questions to him about that legislation. He is going to investigate
this issue and get back to me.

The legislation the city attorney cited includes a section stating
that NS must comply with state and local public health, safety and
environmental standards. Perhaps there is some opportunity to stop
them on those grounds. Did they get the Governor's OK to build this
station? Where is the documentation proving that? Is NS complying with
Virginia and Alexandria health, safety, and environmental standards?

If there was no environmental evaluation done - and clearly no
emergency plan in place - I would think there would be serious
questions about whether they are, as our health and safety are at risk
at this very moment.

It also appears that the STB has the power to prohibit this activity
and that is where efforts should be focused as well (with help from
the congressional delegation). I would think the STB would be
interested to know the location of this facility is a stone's throw
from CSX, VRE, the Metro blue line, and the Beltway. Isn't there some
consideration for nearby transportation routes, should there be an
accidental or intentional spill, leak, or fire? (as an aside, if there
were to be an accident at the station during rush hour, there would be
no conceivable way to get the trailer and a pumper truck to the site -
Van Dorn is a total parking lot).

Mr. Aiken mentioned that when the federal government built the Wilson
bridge, it had to go through an environmental assessment (I'm sure
you're all familiar with that process, issue, etc.). He said, though
he's not an expert on local law, that it sounds to him like NS should
have had to go through a similar environmental assessment (based on
the law cited - not a federal environmental assessment), even if NS
owned the land they were building on. Did that happen? If so, where is
the documentation and who completed the assessment? If that didn't
happen on a local level, how can we be sure that NS's activities fall
within Alexandria's public health, safety, and environmental

In closing, I believe there are lots of ways to investigate this
matter. One call to Mr. Moran's environmental staffer supplied me with
a wealth of information. What is the city doing on it's end to push
some of these issues forward? I have two kids at home, I'm running my
own business, I had surgery this week, and I'm not getting paid for
any of this. None of us on the civic association are getting paid for
this and our day jobs are suffering.

If the city is moving on some of these issues and asking some of these
same questions, please let me know. Duplication of efforts is a waste
of everyone's time.

Ingrid Sanden

Ingrid Sanden

This email is for the use of the intended recipient(s) only and is not
for distribution or publication. If you have received this email in
error, please notify the sender immediately and then delete it. If you
are not the intended recipient, you must not keep, use, disclose, copy
or distribute this email without the author's prior permission. The
information contained in this communication may be confidential.