32-98 Proposed Conrail Acquisition

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When eastbound trains are going to be stopped at Elmwood. they are to stop trains west of Milepost B-194.2 and do not leave that point until they have positive knowledge that they will be allowed east of signals at Elmwood (east end of Clague siding). NS agrees to abide by and enforce this restriction. NS has erected an "Engine Stop Here" sign to further advise crews of this stopping point. If at the expiration ora period of one year from the date on which the STB's approval of the Transaction shall have taken effect BRL notifies NS that the above-described operating restriction has failed to adequately remedy the community's concern about noise at Clague Siding, NS agrees to enter into filnher discussions with BRL on this subject. V. Community Impacts Fund. In consideration of BRL's concerns about adverse environmental impacts from the Transaction, including the fact that during the interim period between Day One (i.e., the date following control on which NS and CSX split the lines and facilities of Conrail and be.~/n operating those properties separately puts, rout to each of their respective Operating Plans) and the date on which NS fully completes construction of the Cloggsville Connection projects. NS train traffic on the Nickel Plate line through BRL could potentially increase over current and historic levels, NS will provide a total amount of $I50,000 to BRL to fund a Community Impacts Fund (the ~'Fund"). BRL may utilize the Fund for mitigation of what BRL determines to be adverse environmental impacts resulting from the projected train frequency increases on the Nickel Plate line during the interim period, including but not limited to use for enhancements to emergency response capabilities and for other projects related to vehicular delay and pedestrian and vehicular safety, and BRL may also utilize the Fund 11