Dear New Jersey Department of Transportation,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

Records requested:

Pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., I hereby request access to and copies of all records in the possession, custody, or control of the New Jersey Department of Transportation relating to rail operations, rail infrastructure, or federal rail jurisdiction in Kearny, New Jersey.

This request specifically seeks records referencing or relying upon federal rail jurisdiction, Surface Transportation Board (STB) authority, or STB exemption determinations, including but not limited to New Jersey Rail Carrier LLC, Columbia Terminals, Amcol Realty, Havenick Associates LP, or SKT Group LLC, in connection with rail infrastructure, rail access, or rail operations.

This request is limited to the following categories of records:
1. Rail Operator and Infrastructure Records
Any records identifying, acknowledging, or evaluating rail operators, industrial rail spurs, sidings, or rail facilities associated with the above-named entities, including ownership versus operating responsibility determinations.

2. Federal Preemption or Jurisdiction Determinations
Any internal memoranda, legal guidance, correspondence, or notes addressing whether NJDOT retained regulatory authority or deferred oversight based on federal rail jurisdiction or STB exemption status.

3. Inter-Agency Correspondence
Any communications between NJDOT and:
○ The Surface Transportation Board
○ The Federal Railroad Administration
○ The New Jersey Department of Environmental Protection
that reference rail jurisdiction, rail exemptions, rail access, or the above-named entities.

4. Safety, Access, or Coordination Records
Any records relating to rail safety coordination, crossings, access points, or operational considerations involving rail infrastructure associated with the above-named entities.

5. Maps, Inventories, and Asset Records
Any rail asset inventories, maps, diagrams, or internal tracking materials identifying rail lines, spurs, or facilities in Kearny associated with the above-named entities.

Timeframe: January 1, 2003 through December 31, 2006

Format Requested: Electronic (PDF or native electronic format preferred)

If responsive records are withheld, please identify the statutory basis for withholding and provide a description sufficient to permit review. If any portion of this request is unclear, I request the opportunity to clarify prior to denial.

Please confirm receipt of this request and provide an estimated response date as required by OPRA.

Thank you for your assistance.

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,

Marc Cooperman