February 28, 2000
VIA FAX 415-923-7270
Sandro Amaglio
Regional Environmental Officer
Federal Emergency Management Agency, Region IX
Building 105, P.O.B. 29998
Presidio of San Francisco
San Francisco, California 94129-1250
Re: Supplemental Comments on the "Draft Environmental Assessment: Restoration of the Northwestern Pacific Railroad, Humboldt, Trinity and Mendocino Counties"
Dear Mr. Amaglio,
These comments are submitted on behalf of the Environmental Protection Information Center (EPIC) and the Ecological Rights Foundation to supplement and offer clarification to EPIC's earlier comments on the proposed FEMA funding of the Northwester Pacific Railroad. We received information from FEMA on this project under FOIA but did not get many of these documents until 2/20/2000; thus we respectfully request the consideration of the following comments.
After reviewing the additional information we obtained from FEMA, we do not believe it could be proper or lawful for FEMA to conclude that funding this project would not have a significant environmental effect, and we strongly urge you to uphold the law and the public trust by choosing the 'No Action Alternative' to this project. As stated in our earlier comments, the Eel River canyon has suffered extensive environmental damage from the operation of this railroad, and FEMA's funding of this project would allow this damage to continue. The Eel River canyon is extremely unstable and sensitive to disturbance, and its history of massive landslides and failures leaves little doubt that there is a foreseeable likelihood that future problems of the same magnitude would continue if the railroad persists. The Eel River watershed has endured great harm from the railroad and other land use activities that increase sediment and temperature pollutants, and repeated discharges of sediment from mass wasting events triggered by this railroad simply can no longer be tolerated.
We do not believe that FEMA can legally conclude that a Finding of No Significant Impact (FONSI) is appropriate for this project, and believe that both the environment and the public can only be served by exploring and selecting an alternative to reconstructing the northern section of the railroad. FEMA itself holds documents that prove it cannot reach a FONSI determination for this project. For example, in a memo from Sandro Amaglio, FEMA, to Lynn Alexander dated 2/3/2000 it states:
"NCRA however made once more very clear that they do not have the funds, nor a source lined up for funds, to complete the necessary work to obtain FRA Class I certification, FEMA/OES funds are less than what is required to stabilize miles of unstable ground and historic landslides along the majority of the RR northern portion: in other terms they do not have the capability to bring the project to completion. This may be a problem, because the completion of the project, and the capability of clearing the landslide areas, including the toxic materials, and railroad cars, at present in the river, may affect the capability, as a condition for, of NCRA to obtain the proper clearances, and eventually, FRA certification...I believe however that the problem here is beyond a delay in the environmental process: clearly the project, at its minimum acceptable standard, cannot be completed in any foreseeable future...."
As we described in our previous comments, approving funding that may allow for NCRA to begin but not complete the project would pose a higher risk of greater environmental damage. This and other information in the possession of FEMA make evident that a Finding of No Significant Impact cannot be found for this project. The imperiled creatures that depend upon the Eel River watershed cannot withstand further repeated damage to which it would be subjected if this project were to go forward. We implore you to uphold you public trust obligations and the law and choose the No Action Alternative for this project.
As the Biological Opinion has not yet been submitted by the National Marine Fisheries Service, we also request the ability to comment on the document as it becomes available and to have those comments considered in this decision making process.
Please feel free to contact me if you need more information regarding EPIC's position on this important issue. Thank you in advance for your consideration of this matter.
Sincerely,
Cynthia Elkins
Program Director
CC: Sharon Duggan, Esq.
Babak Naficy, Esq.
William Verick, Esq.
Fred Evenson, Esq.
Pamela Fishtrom, North Coast Railroad Authority
Jim Watkins, U.S. Fish & Wildlife Service
Nan Reck, National Marine Fisheries Service
