Reviewer Name: Letha Dawson Applicant: New Orleans Public Belt Railroad 
DisasterlEmergentylProgramlProjed Title: DR I603LA I Hurricane Katrina I Public Assistance Program I Railroad Crossing Equipment, Signals and 
Switches 

Record of Environntental Consideration 


See 44 Code ofFederal Regulation Part 10. 

Project NamelNumber: Railroad Crossing Equipment, Signals and Switches I PW 9173 

Project Location: Industrial Canal Interlocking at Almonaster and France Road, New Orleans, 
Louisiana, Orleans Parish (N30.00379, W-90.02847) 

Project Description: Project activities include replacing crossing signals, automatic switch machines, 
high mast signal double gate, track circuits, signal cases, signal flashers, signal control houses and all 
underground wiring. Hazard mitigation will be achieved by compliance with current codes and 
standards and by good construction practices. 

Documentation Requirements 

D No Documentation Required <Review Concluded) 

D (Short version) All consultation and agreements implemented to comply with the National Historic 
Preservation Act, Endangered Species Act, and Executive Orders 11988, 11990 and 12898 are 
completed and no other laws apply. (Review Concluded) 

[8J (Long version) All applicable laws and executive orders were reviewed. Additional information for 
compliance is attached to this REC. 

National Environmental Policy Act (NEPAl Determination 

D Statutorily excluded from NEP A review. (Review Concluded) 
D Programmatic Categorical Exclusion -Category (Review Concluded) 
D Categorical Exclusion -Category


D No Extraordinary Circumstances exist. 
Are project conditions required? D Yes (see section V) D No <Review Concluded)
D Extraordinary Circumstances exist (See Section IV). 
D Extraordinary Circumstances mitigated. (See Section IV comments) 

Are project conditions required? D Yes (see section V) D No <Review Concluded) 
D Environmental Assessment 
D Supplemental Environmental Assessment (Reference EA or PEA in comments) 
[8J Environmental Impact Statement 

Comments: This project meets the criteria for an Alternative Arrangement (Utilities and Wastewater Treatment Plants) type 
ofproject. This project has conditions and requires mitigation under the other Environmental and Historic Preservation 
(EHP) laws. 


_._--------


Reviewer Name: Letha Dawson Applicant: New Orleans Public Belt Railroad 
DisasterlEmergencylProgramlProject Title: DRI603LA I Hurricane Katrina I Public Assistance Program I Railroad Crossing Equipment, Signals and 
Switches 

Reviewer and Approvals 

D Project is Non-Compliant (See attached documentation justifying selection). 

FEMA Environmental Reviewer. 
Name: Letha Dawson, Environmental Specialist 


Signature ~~. Date _-=06=/3=0:::;..,/2=0=0=6_____--'


FEMA Regional Environmental Officer or delegated approving officiaL 
Name: Donald Fairley, ELO 

Signature ~~r~ . Date _--"-'06::..:,./3::;...:0::.:..:12=0=0-"'-6_____...:. 

I. Compliance Review for Environmental Laws <other than NEPAl 

A. National Historic Preservation Act 

D Not type ofactivity with potential to affect historic properties. (Review Concluded) 

~Applicable executed Programmatic Agreement (12/03/2004) Otherwise, conduct standard Section 106 review. 
~Activity meets Programmatic Allowance # Appendix A, Section I, A and C 
Are project conditions required? ~Yes (see section V) D No (Review Concluded) 

HISTORIC BUILDINGS AND STRUCTURES 
~No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) 
D Building or structure listed or 45/50 years or older in project area and activity not exempt from review. 

D Determination of No Historic Properties Affected (FEMA fmdingiSHPOITHPO concurrence on file) 
Are project conditions required? D Yes (see section V) D No (Review Concluded) 
D Determination of Historic Properties Affected (FEMA fmdingiSHPOITHPO concurrence on file) 

D Property a National Historic Landmark and National Park Service was provided early notification 
during the consultation process. If not, explain in comments 
No Adverse Effect Determination (FEMA fmdingiSHPO/THPO concurrence on file). 
Are project conditions required? D Yes (see section V) D No (Review Concluded) 

D Adverse Effect Determination (FEMA fmdingiSHPOITHPO concurrence on file) 
D Resolution of Adverse Effect completed. (MOA on file) 
Are project conditions required D Yes (see section V) D No (Review Concluded) 

ARCHEOLOGICAL RESOURCES 
~Project affects only previously disturbed ground. (Review Concluded) 
D Project affects undisturbed ground. 

D Project area has no potential for presence of archeological resources 
Determination of no historic properties affected (FEMA findingiSHPOITHPO concurrence or 
consultation on file). (Review Concluded) 

D Project area has potential for presence of archeological resources 
Determination of no historic properties affected (FEMA findingiSHPOITHPO concurrence on file) 
Are project conditions required D Yes (see section V) D No (Review Concluded) 
D Determination of historic properties affected 
D NR eligible resources not present (FEMA findingiSHPOITHPO concurrence on file). 

Are project conditions required DYes (see section V) D No (Review Concluded) 
D NR eligible resources present in project area. (FEMA findingl SHPOITHPO concurrence on 
file) 

D No Adverse Effect Determination. (FEMA findingl SHPO/THPO concurrence on file) 
Are project conditions required? D Yes (see section V) D No (Review Concluded) 


Reviewer Name: Letha Dawson Applicant: New Orleans Public Belt Railroad 
DisasterlEmergencylProgramJProject Title: DR 1603LA I Hurricane Katrina I Public Assistance Program I Railroad Crossing Equipment. Signals and 
Switches 

o Adverse Effect Detennination. (FEMA finding! SHPO/THPO concurrence on file) 

o Resolution of Adverse Effect completed. (MOA on file) 
Are project conditions required? 0 Yes (see section V) 0 No 
(Review Concluded) 

Comments: 6/30/2006 • Historic review complete: scope of work indicates ground disturbing activities associated with the 
repair to the underground wiring. Upon consultation of SHPO data, there are no known archaeological sites within .25 
miles ofthe project area. Therefore, scope of work meets Programmatic Agreement (12/312004) Allowances, Appendix A, 
Section t, A and C. Ifduring the course ofwork, archaeological artifacts (prehistoric or historic) or human remains are 
discovered, the applicant shall stop work in the vicinity ofthe discovery and take all reasonable measures to avoid or 
minimize harm to the finds. The applicant shall infonn their Public Assistance (PA) contacts FEMA, who will in tum 
contact FEMA Historic Preservation staff. The applicant will not proceed with work until FEMA Historic Preservation staff 
have completed consultation with the Louisiana State Historic Preservation Officer (SHPO). In addition, ifunrnarked graves 
are present, compliance with the Louisiana Unmarked Hwnan Burial Sites Preservation Act (R.S. 8:671 ET SEQ.) is 
required. The applicant shall notify the law enforcement agency of the jurisdiction where the remains are located within 
twenty-four hours ofthe discovery. The applicant shall also notify FEMA and the Louisiana Unmarked Burial Sites Board 
(call the Louisiana Division of Archeology at 225-342-8170) within seventy-two hours of the discovery. Failure to comply 
with these stipulations may jeopardize receipt ofFEMA funding. -Katherine Zeringue, Historic Preservation 
Specialist! Archaeologist 

Correspondence/Consultation/References: 

B. Endangered Species Act 

[8J No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. 
eview Concluded 
Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. 

o No effect to species or designated critical habitat. (See comments for justification) 
Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) 
o May affect, but not likely to adversely affect species or designated critical habitat (FEMA 


detenninationlUSFWSINMFS concurrence on file) (Review Concluded) 
Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) 


o Likely to adversely affect species or designated critical habitat 

o Fonnal consultation concluded. (Biological Assessment and Biological Opinion on file) 
Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 

C. Coastal Barrier Resources Act 

[8J Project is not on or connected to CBRA Unit or Otherwise Protected Area (Review Concluded). 

o Project is on or connected to CBRA Unit or Otherwise Protected Area. (FEMA detenninationlUSFWS consultation on 
file) 

o Proposed action an exception under Section 3S0S.a.6? (Review Concluded) 
o Proposed action not excepted under Section 350S.a.6. 
Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 


Comments: None 
Correspondence/Consultation/References: 

D. Clean Water Act 

[8J Project would not affect any waters ofthe U.S. (Review Concluded) 

o Project would affect waters, including wetlands, of the U.S. 

o Project exempted as in kind replacement or other exemption. (Review Concluded) 
o Project requires Section 404/40 Ilor Section 9110 (Rivers and Harbors Act) pennit, including qualification 
under Nationwide Pennits. 


06/30/06


Reviewer Name: Letha Dawson Applicant: New Orleans Public Belt Railroad 
DisasterlEmergencylProgramlProject Title: DR I603 LA / Hurricane Katrina / Public Assistance Program / Railroad Crossing Equipment. Signals and 
Switches 

Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: Project is not in or adjacent to any waterways of the US. 
Correspondence/Consultation/References: 

E. Coastal Zone Management Act 
D Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) 
t8J Project is located in a coastal zone area and/or affects the coastal zone 

t8J State administering agency does not require consistency review. (Review Concluded). 
D State administering agency requires consistency review. 
Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: FEMA has determined that this project is consistent with the Coastal Zone Management Act (CZMA) 
and the Louisiana Coastal Management Plan (LCMP). 

Correspondence/Consultation/References: 

F. Fish and Wildlife Coordination Act 
t8J Project does not affect, control, or modifY a waterwaylbody of water. (Review Concluded) 
D Project affects, controls or modifies a waterwaylbody of water. 


D Coordination with USFWS conducted 

D No Recommendations offer 

ed by USFWS. (Review Concluded) 

D Recommendations provided by USFWS. 

Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: Project is not in or adjacent to any waterways of the US. 
Correspondence/Consultation/References: 

G. Clean Air Act 
t8J Project will not result in permanent air emissions. (Review Concluded) 
D Project is located in an attainment area. (Review Concluded) 
D Project is located in a non-attainment area. 


D Coordination required with applicable state administering agency.. 
Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 

H. Farmland Protection Policy Act 
[8J Project does not affect designated prime or unique farmland. (Review Concluded) 
D Project causes unnecessary or irreversible conversion ofdesignated prime or unique farmland. 


D Coordination with Natural Resource Conservation Commission required.
D Farmland Conversion Impact Rating, Form AD-l 006, completed. 
Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 

I. Migratory Bird Treaty Act 
D Project not located within a flyway zone. (Review Concluded) 
[8J Project located within a flyway zone. 


[8J Project does not have potential to take migratory birds. (Review Concluded) 
Are project conditions required? D Yes (see section V) [8J No (Review Concluded) 
Record ofEnvironmental Consideration 4 


Reviewer Name: Letha Dawson Applicant: New Orleans Public Belt Railroad 
DisasterlEmergencylProgramlProject Tide: DR 1603LA I Hurricane Katrina I Public Assistance Program I Railroad Crossing Equipment, Signals and 
Switches 

D Project has potential to take migratory birds. 
D Contact made with USFWS 
Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: See letter from Don Fairley to Mr. Russ Watson with USF&WS, dated 09/1412005. Specifically, FEMA has 
determined that restoration projects funded with federal resources will not have adverse impacts on migratory birds or other 
fish and wildlife reserves. These determinations are based on the understanding that the conditions outlined in the Louisiana 
Endangered Species Summary are met 
Correspondence/Consultation/References: http://pacificflyway.gov/Documents/Mississippi map.pdf, 

J. Magnuson-Stevens Fishery Conservation and Management Act 

~Project not located in or near Essential Fish Habitat. (Review Concluded) 
D Project located in or near Essential Fish Habitat. 
D Project does not adversely affect Essential Fish Habitat. (Review Concluded) 
Are project conditions required? D Yes (see section V) D No (Review Concluded)
D Project adversely affects Essential Fish Habitat (FEMA determinationlUSFWSINMFS concurrence on file) 
DNOAA Fisheries provided no recommendation(s) (Review Concluded). 
Are project conditions required? D Yes (see section V) D No (Review Concluded)
D NOAA Fisheries provided recommendation(s) 
D Written reply to NOAA Fisheries recommendations completed. 
Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 

K. Wild and Scenic Rivers Act 

~Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded)
D Project is along or affects WSR 
D Project adversely affects WSR as determined by NPSIUSFS. FEMA cannot fund the action. 
(NPSIUSFSIUSFWSIBLM consultation on file) (Review Concluded)
D Project does not adversely affect WSR. (NPSIUSFSIUSFWSIBLM consultation on file) 
Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 

L. Other Relevant Laws and Environmental Regulations 

II. Compliance Review for Executive Orders 

A. E.O. 11988 -Floodplains 

D No Effect on FloodplainslFlood levels and project outside Floodplain -(Review Concluded) 
~Located in Floodplain or Effects on FloodplainslFlood levels 
C8J No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), 

Are project conditions required? D Yes (see section V) C8J No (Review Concluded)

D Beneficial Effect on Floodplain OccupancyNalues (Review Concluded). 

D Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain 

environment 

D 8 Step Process Complete -documentation on file 

Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: 06/30/2006 -The Parish ofCity ofNew Drieans/Orleans Parish enrolled in the National Flood Insurance 
Program on 08-03-70. Per Flood Insurance Rate Map (FIRM) panel number 2252030115E, dated 03-01-84, project is 



Reviewer Name: Letha Dawson Applicant: New Orleans Public Belt Railroad 
Di,asterJEmergeneylProgramlProjed Title: DR 1603LA I Hurricane Katrina I Public Assistance Program I Railroad CrOSSing Equipment, Signals and 
Switches 

located in Zone B, area protected from IOO-yr flood by levee, dike or other structure subject to failure or overtopping during 
larger floods. Project is mission essential to its location so repair to pre-disaster footprint which is not likely to affect any 
floodplain is the only viable option. A. Carmer PPM Specialist. 

Correspondence/Consultation/References: 

B. E.O. 11990 -Wetlands 
181 No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) 
D Located in Wetland or effects Wetland(s) 


D Beneficial Effect on Wetland -(Review Concluded) 

D Possible adverse effect associated with constructing in or near wetland 
D Review completed as part of floodplain review 
D 8 Step Process Complete -documentation on file 


Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 

C. E.O. 12898 -Environmental Justice For Low Income and Minority Populations 
181 No Low income or minority population in, near or affected by the project -(Review Concluded) 
D Low income or minority popUlation in or near project area 

D No disproportionately high and adverse impact on low income or minority population-(Review Concluded) 
D Disproportionately high or adverse effects on low income or minority population 
Are project conditions required? D YES (see section V) D NO <Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 

III. Other Environmental Issues 

Identify other potential environmental concerns in the comment box not clearly falling under a law or 
executive order (see environmental concerns scoping checklist for guidance). 

Comments: None 
Correspondence/Consultation/References: 

IV. Extraordinary Circumstances 

Based on the review of compliance with other environmental laws and Executive Orders, and in 
consideration of other environmental factors, review the project for extraordinary circumstances . 

... A "Yes" under any circumstance may require an Environmental Assessment (EA) with the exception of(ii) which 
should be applied in conjunction with controversy on an environmental issue. If the circumstance can be mitigated, 
please explain in comments. Ifno, leave blank. 

Yes 

D 
D 
D 
(i) Greater scope or size than normally experienced for a particular category of action 
(ii) Actions with a high level of public controversy 
(iii) Potential for degradation, even though slight, of already existing poor environmental 
D 
conditions; 
(iv) Employment of unproven technology with potential adverse effects or actions involving 
D 
unique or unknown environmental risks; 
(v) Presence of endangered or threatened species or their critical habitat, or archaeological, 


Reviewer Name: Letha Dawson Applicant: New Orleans Public Belt Railroad 
DisasterlEmergencylProgramlProject Title: DR 1603LA I Hurricane Katrina I Public Assistance Program I Railroad Crossing Equipment, Signals and 
Switches 

D (vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or local 
regulations or standards requiring action or attention; 
D (vii) Actions with the potential to affect special status areas adversely or other critical resources 
such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, 

sole or principal drinking water aquifers; 
D (viii) Potential for adverse effects on health or safety; and 
D Ox) Potential to violate a federal, state, local or tribal law or requirement imposed for the 


protection ofthe environment. 
D (x) Potential for significant cumulative impact when the proposed action is combined with 
other past, present and reasonably foreseeable future actions, even though the impacts of the 
proposed action may not be significant by themselves. 

IComments: None 

V. Environmental Review Project Conditions 

General comments: None 

Project Conditions: 

1. If during the course ofwork, archaeological artifacts (prehistoric or historic) or human remains 
are discovered, the applicant shall stop work in the vicinity of the discovery and take all 

~.Q,a9Iemeaiures to ~vQjd Minimize harm to the finds. The applicant shall inform their 
Public Assistance (P A) contac EMA, who will in tum contact FEMA Historic Preservation 
staff. The applicant will not proceed with work until FEMA Historic Preservation staff have 
completed consultation with the Louisiana State Historic Preservation Officer (SHPO). In 
addition, ifunmarked graves are present, compliance with the Louisiana Unmarked Human 
Burial Sites Preservation Act (R.S. 8:671 ET SEQ.) is required. The applicant shall notify the 
law enforcement agency ofthe jurisdiction where the remains are located within twenty-four 
hours of the discovery. The applicant shall also notify FEMA and the Louisiana Unmarked 
Burial Sites Board (call the Louisiana Division ofArcheology at 225-342-8170) within seventytwo 
hours of the discovery. Failure to comply with these stipulations may jeopardize receipt of 
FEMA funding. 

Monitoring Requirements: None