DRAFT Environmental Assessment Nora Navra Library City of New Orleans FEMA-1603-DR-LA Orleans Parish, Louisiana December 2011 U.S. Department of Homeland Security Federal Emergency Management Agency, Region VI Louisiana Recovery Office New Orleans, Louisiana 70114 SECTION PAGE TABLE OF CONTENTS i LIST OF ACRONYMS ii 1.0 INTRODUCTION 1 1.1 Project Authority 1 1.2 Background 1 2.0 PURPOSE AND NEED 3 3.0 ALTERNATIVES 3 3.1 Alternative 1 – No Action 3 3.2 Alternative 2 – Reconstruction/Repair in the Same Footprint 3 3.3 Alternative 3 – Reconstruction at Alternate Location 3 4.0 AFFECTED ENVIRONMENT AND IMPACTS 4 4.1 Wetlands 4 4.2 Floodplains 6 4.3 Coastal Resources 10 4.4 Biological Resources 10 4.5 Cultural Resources 11 4.6 Hazardous Materials 13 4.7 Environmental Justice 14 5.0 CUMULATIVE IMPACTS 15 6.0 CONDITIONS AND MITIGATION MEASURES 15 7.0 PUBLIC INVOLVEMENT AND AGENCY CONSULTATION 16 8.0 LIST OF PREPARERS 17 9.0 REFERENCES 18 APPENDICES Location and Site Maps Appendix A Agency Correspondence Appendix B Eight-Step Decision Making Process Appendix C Public Notice Appendix D LIST OF ACRONYMS ABFE Advisory Base Flood Elevation APE Area of Potential Effects BMPs Best Management Practices CAA Clean Air Act CBRA Coastal Barrier Resources Act CBRS Coastal Barrier Resources System CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulations CWA Clean Water Act CZMA Coastal Zone Management Act DFIRM Digital Flood Insurance Rate Map EA Environmental Assessment EIS Environmental Impact Statement EO Executive Order ESA Endangered Species Act EDMS Electronic Document Management System FEMA Federal Emergency Management Agency FONSI Finding of No Significant Impact GNO Greater New Orleans HEAG Highest Existing Adjacent Grade HSDRRS Hurricane Storm Damage Risk Reduction System LADOTD Louisiana Department of Transportation and Development LA GOHSEP Louisiana Governor's Office of Homeland Security and Emergency Preparedness LDEQ Louisiana Department of Environmental Quality LDNR Louisiana Department of Natural Resources LUST Leaking Underground Storage Tank MOA Memorandum of Agreement NAVD 88 North American Vertical Datum of 1988 NAAQS National Ambient Air Quality Standards NEPA National Environmental Policy Act NHPA National Historic Preservation Act NMFS National Marine Fisheries Service NOAA National Oceanic & Atmospheric Administration PA Public Assistance Grant Program RECAP Risk Evaluation/Corrective Action Program RCRA Resource Conservation and Recovery Act RHA Rivers and Harbors Act SHPO State Historic Preservation Office/Officer US United States USACE United States Army Corps of Engineers USC United States Code USEPA United States Environmental Protection Agency USFWS United States Fish and Wildlife Service 1.0 INTRODUCTION 1.1 Project Authority Hurricane Katrina made landfall on August 29, 2005 near the town of Buras, Louisiana with sustained winds of more than 125 mph. President George W. Bush declared a major disaster for the State of Louisiana (FEMA-1603-DR-LA) on August 29, 2005, authorizing the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) to provide Federal assistance in designated areas of Louisiana. This is pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), PL 93-288, as amended. Section 406 of the Stafford Act authorizes FEMA’s Public Assistance Program (PA) to assist in funding the repair, restoration, reconstruction, or replacement of public facilities damaged as a result of the declared disaster. This Environmental Assessment (EA) has been prepared in compliance with the National Environmental Policy Act of 1969 (NEPA), the President’s Council on Environmental Quality regulations implementing NEPA (Title 40 of the Code of Federal Regulations [CFR] Parts 1500 to 1508), and FEMA’s regulations implementing NEPA (44 CFR Parts 9 and 10). The purpose of this EA is to analyze potential environmental impacts of the proposed project. FEMA will use the findings in this EA to determine whether to prepare an Environmental Impact Statement (EIS) or a Finding of No Significant Impact (FONSI). 1.2 Background The Nora Navra Library, owned by the City of New Orleans in Orleans Parish, sustained major damage as a result of Hurricane Katrina. It was deemed eligible for repairs by FEMA for Federal disaster public assistance as a non-critical facility serving the needs of the general public. The Nora Navra Library is a facility of the New Orleans Public Library System, which is a department of the City of New Orleans, and is located at 1902 St. Bernard Avenue, New Orleans, Louisiana, Latitude 29.97578, Longitude -90.06739 (Figures 1 and 2). Nora Navra Library, built in 1954, is a one-story building with brick exterior walls, slab-on-grade foundation, flat composite, roof and an irregular footprint measuring approximately 3000 square feet (SF). Figure 1 Map of Orleans Parish as situated in the State of Louisiana (Google Images, 2011) Figure 2 – Map of Nora Navra Library - Current and Proposed Locations (Google Maps®, 2011) 2.0 PURPOSE AND NEED Prior to Hurricane Katrina, Nora Navra Library serviced residents of the Seventh Ward as a neighborhood branch library. The library served the general public’s education and literary needs by providing a basic collection of both print and non-print material, public-use computers, community meeting spaces, and enterprise space that was utilized by area residents, schools and other organizations. As directed by the Stafford Act (PL 93-288), the objective of FEMA’s PA Grant Program is to provide assistance to State, Tribal and local governments, and certain types of Private Nonprofit organizations so that communities can quickly respond to and recover from major disasters or emergencies declared by the President. Nora Navra Library was utilized by residents of the Seventh Ward Area and aided the area’s commitment to provide educational and literary services. Due to damages sustained from Hurricane Katrina, these community services provided by Nora Navra library were lost. Restoration of educational and literary services in a manner that best serves the local community is needed for the FEMA PA Grant Program and the City of New Orleans to achieve its objective. 3.0 ALTERNATIVES The NEPA process consists of an evaluation of the environmental effects of a Federal undertaking, including its alternatives. Three alternatives have been proposed and reviewed including, 1) the No Action Alternative, 2) Reconstruction/repair of the Nora Navra Library in the same footprint and original location, and 3) Reconstruction of the Nora Navra Library in an alternate location (Figures 2 and 3). 3.1 Alternative 1 - No Action Implementation of the No Action Alternative would entail no repair, reconstruction, or relocation of the Nora Navra Library. Consequently, the public would be unable to utilize this public facility. No Action would forego opportunities for reconstruction and recompense. 3.2 Alternative 2 – Reconstruction/Repair in the Same Footprint This alternative would reconstruct/repair the damaged Nora Navra Library facility to the pre-disaster configuration, function and capacity in substantially the same footprint, which would restore the community service as it existed prior to Hurricane Katrina. This practicable alternative meets the purpose and need of the action and will be further evaluated in this EA. 3.3 Alternative 3 - Reconstruction at an Alternate Location - Proposed Action The proposed action is for replacement of the 3000 SF Nora Navra Library building with a 6673 SF facility in an alternate location approximately 500 feet northeast of the present site. The proposed location consists of a triangular lot bounded by Old Prieur Street, Aubry Street, and A.P Tureaud Avenue. This action would include site preparation, construction of a new building and installation of necessary utilities and appurtenances. The new facility will be expanded in capacity and size but will retain the function and purpose of the former library facility. The current site of the Nora Navra Library is too small to support a larger facility and would therefore require the acquisition of adjacent land from multiple owners. The proposed location has one owner thus resulting in one real estate transaction. Additionally, as demolition is not required prior to construction at the alternative site, the construction schedule will be shorter. Reconstruction of the Nora Navra Library facility in a new location instead of its current location will hasten the restoration of community services lost as a result of Hurricane Katrina. This practicable alternative also meets the purpose and need of the action and will be further evaluated in this EA. Figure 3 - Map of Proposed Action (Google Maps®, 2011) 4.0 AFFECTED ENVIRONMENT AND IMPACTS 4.1 Wetlands The United States Army Corps Engineers (USACE) regulates the discharge of dredged or fill material into waters of the U.S., including wetlands, pursuant to Section 404 of the Clean Water Act. Wetlands are identified as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The USACE also regulates the building of structures in waters of the U.S. pursuant to the Rivers and Harbors Act (RHA). Executive Order (EO) 11990, Protection of Wetlands, directs Federal agencies to minimize the destruction, loss, or degradation of wetlands and to preserve and enhance the values of wetlands for federally funded projects. FEMA regulations for complying with EO 11990 are found at 44 CFR Part 9, Floodplain Management and Protection of Wetlands. The U.S. Fish & Wildlife Service (USFWS) National Wetlands Inventory (NWI) map shows no wetlands within the proposed project area that could be adversely affected by the project (Figure 4, USFWS 2010). In comments received on October 3, 2011, the USACE indicated that no federal permit would be required for the placement or redistribution of dredged or fill material on the proposed project site (Appendix B). Figure 4 - U. S. Fish and Wildlife Service Wetlands Inventory Map (USFWS, 2011) Alternative 1 – No Action: The No Action Alternative would have no impact on wetlands or other waters of the U.S. and would not require permits under Section 404 of the CWA or Section 10 of the RHA. Alternative 2 – Reconstruction/Repair in the Same Footprint: Reconstruction/repair of Nora Navra Library in substantially its same footprint would have no impact on wetlands or other waters of the U.S. FEMA has determined the proposed location is an urban, previously-disturbed site and is not a wetland under Executive Order 11990. It would not require permits under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. Alternative 3 – Reconstruction at an Alternative Location - Proposed Action: The proposed action alternative would have no impact on wetlands or other waters of the U.S. FEMA has determined that the proposed location is an urban, previously-disturbed site and is not a jurisdictional wetland under Executive Order 11990. The project as proposed would not require permits under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. To minimize indirect impacts (erosion, sedimentation, dust and other construction-related disturbances) to the well-defined urban drainage ways surrounding the proposed action, the following best management practices should be included into the daily operations of the construction activities: silt screens, barriers (e.g., hay bales), berms/dikes, and/or fences to be placed where and as needed. Fencing will be placed for marking staging areas to store construction equipment and supplies as well as conduct maintenance/repair operations. 4.2 Floodplains Executive Order 11988 (Floodplain Management) requires Federal agencies to avoid direct or indirect support or development within the 100-year floodplain whenever there is a practicable alternative. FEMA’s regulations for complying with EO 11988 are found at 44 CFR Part 9, Floodplain Management and Protection of Wetlands. In July 2005, FEMA initiated a series of flood insurance studies for many of the Louisiana coastal parishes as part of the Flood Map Modernization effort through FEMA’s National Flood Insurance Fund. These studies were necessary because the flood hazard and risk information shown on many Flood Insurance Rate Maps (FIRMs) was developed during the 1970s, and the physical terrain had changed significantly, such as major loss of wetland areas. After Hurricanes Katrina and Rita, FEMA expanded the scope of work to include all of coastal Louisiana. The magnitude of the impacts of Hurricanes Katrina and Rita reinforced the urgency to obtain additional flood recovery data for the coastal zones of Louisiana. More detailed analysis was possible because new data obtained after the hurricanes including information on levees and levee systems, new high-water marks, and new hurricane parameters (Lamp 2007). During an initial post-hurricane analysis, FEMA determined that the “100-Year” or 1-percent chance storm flood elevations on FIRMs for many Louisiana communities, referred to as Base Flood Elevations (BFEs), were too low. FEMA created recovery maps showing the extent and magnitude of Hurricane Katrina’s and Rita’s surge, as well as information on other storms over the past 25 years (Lamp 2007). The 2006 advisory flood data shown on the recovery maps for the Louisiana-declared disaster areas show high-water marks surveyed after the storm; flood limits developed from these surveyed points; and Advisory Base Flood Elevations, or ABFEs. The recovery maps and other advisory data were developed to assist parish officials, homeowners, business owners, and other affected citizens with their recovery and rebuilding efforts (Lamp 2007). Updated preliminary flood hazard maps from an intensive five-year mapping project guided by FEMA are now provided to all Louisiana coastal parishes. The new maps released in early 2008, known as Preliminary Digital Flood Insurance Rate Maps (DFIRMs), are based on the most technically advanced flood insurance studies ever performed for Louisiana, followed by multiple levels of review. They provide an up-to-date, accurate picture of coastal Louisiana flood risks. The DFIRMs provide communities with a more scientific approach to economic development, hazard mitigation planning, emergency response and post-flood recovery (Lamp 2007). The USACE is currently working on a Hurricane and Storm Damage Risk Reduction System (HSDRRS) for the Greater New Orleans (GNO) area (Miller 2011). This 350-mile system of levees, floodwalls, surge barriers, and pump stations will reduce the flood risk associated with a storm event. In September of 2011, the USACE provided FEMA with assurances that the HSDRRS is capable of defending against a storm surge with a 1-percent annual chance event of occurring in any given year. The areas protected include portions of St. Bernard, St. Charles, Jefferson, Orleans, and Plaquemines parishes (Miller 2011). FEMA has now begun revising the preliminary DFIRMs within the HSDRRS to incorporate the reduced flood risk associated with the system improvements. In the spring of 2012, FEMA should be prepared to release revised preliminary DFIRMs (Miller 2011). The 2008 Preliminary DFIRMs – currently viewed as the best available flood risk data for the five GNO parishes – do not consider the completion of the HSDRRS. In many areas, the flood risk has been significantly reduced due to heightened protection (Miller 2011). To ensure that the best available data is used when reviewing and approving grant applications within the HSDRRS, FEMA will re-examine individual grant reconstruction projects using sound engineering data and judgment (Miller 2011). The case-by-case review may indicate that the source of best available flood risk data for a reconstruction project is preliminary DFIRMs, ABFEs, or other relevant sound engineering data. No project should be built to a floodplain management standard that is less protective than what the community has adopted in local ordinances through their participation in the National Flood Insurance Program (Miller 2011). In compliance with FEMA policy implementing EO 11988, Floodplain Management, the proposed project was reviewed for possible impacts associated with occupancy or modification to a floodplain. Orleans Parish enrolled in the NFIP on August 3, 1970. Alternative 1 – No Action: The No Action Alternative would have no impact on the 100-year floodplain as no building would be constructed at the site. Alternative 2 – Reconstruction/Repair in the Same Footprint: Per preliminary DFIRM panel number 22071C0230F, dated November 13, 2008 (Figure 5), the current Nora Navra Library site is located in AE (EL 1), a Special Flood Hazard Area (SFHA) subject to inundation by the 1-percent annual chance (100-year) flood; base flood elevations determined. Per Advisory Base Flood Elevation Map (ABFE Map) LA-DD31 (Figure 6), dated June 5, 2006, the former site is located in ABFE EL 1.5 or 3 feet above Highest Existing Adjacent Grade (HEAG). Reconstruction/repair of the Nora Navra Library in substantially its same footprint will have no determinable impact on flood elevations, nor will it increase development in this fully built-out area. In compliance with EO 11988, an 8-step process was completed and documentation is attached in Appendix C. Alternative 3 – Reconstruction at an Alternate Location - Proposed Action: The proposed action alternative would involve the reconstruction of the Nora Navra Library facility at an alternate location. Per preliminary DFIRM panel number 22071C0230F dated November 13, 2008 (Figure 5), the proposed project site is located in AE (EL 1), a Special Flood Hazard Area (SFHA) subject to inundation by the 1-percent annual chance (100-year) flood; base flood elevations determined (older FIRMs may show “A numbered” zones; these are the same as Zone AE). In addition, per Advisory Base Flood Elevation Map (ABFE Map) LA-DD31 (Figure 6) the proposed project site is located in ABFE EL 1.5 or 3 feet above Highest Existing Adjacent Grade (HEAG). The reconstruction of this facility in a new location will have no determinable impact on flood elevations, nor will it increase development in this fully built-out area. As per 44 CFR 9.11 (d), new construction of non-residential structures must be elevated or flood-proofed to the 100-year BFE. This location is currently being re-evaluated by FEMA to determine the appropriate base flood elevation the facility must be protected against. The City of New Orleans is required to coordinate with the local floodplain administrator regarding floodplain permit(s) prior to the start of any activities. All coordination pertaining to these permit(s) should be documented to the local floodplain administrator and copies provided to the State and FEMA as part of the permanent project files. Additionally, per 44 CFR 9.11(d)(9), mitigation or minimization standards must be applied, where possible. The replacement of building contents, materials, and equipment should be, where possible, wet or dry-proofed, elevated, or relocated to or above the BFE. In compliance with EO 11988, an 8-step process was completed and documentation is attached in Appendix C. Figure 5 - Preliminary Digital Flood Insurance Rate Map Panel 22071C0230F (FEMA, 2008) Figure 6 – Advisory Base Flood Elevation Map OR-LA-EE32 (FEMA, June 5, 2006) 4.3 Coastal Resources The Coastal Zone Management Act of 1972 (CZMA) requires Federal agency actions to be consistent with the policies of the state coastal zone management program when conducting or supporting activities that affect a coastal zone. The Louisiana Department of Natural Resources (LDNR) regulates development in Louisiana’s designated coastal zone through the Coastal Use Permit Program. The existing facility and the proposed project site are located in the coastal zone and are required to obtain a Coastal Use Permit prior to construction (Appendix B). The USFWS regulates Federal funding in Coastal Barrier Resource System (CBRS) units under the Coastal Barrier Resources Act (CBRA). This Act protects undeveloped coastal barriers and related areas (i.e., Otherwise Protected Areas) by prohibiting direct or indirect Federal funding of projects that support development in these areas. The Act promotes appropriate use and conservation of coastal barriers along the Gulf of Mexico. The proposed project site is not located within a regulated CBRS unit. Alternative 1 – No Action: The No Action Alternative would have no impact on a coastal zone or to a CBRS unit. Alternative 2 – Reconstruction/Repair in the Same Footprint: Reconstruction/repair of the Nora Navra Library in substantially its same footprint would involve construction in a designated coastal zone. This project requires a Coastal Use Permit from LDNR. The City of New Orleans is required to contact LDNR prior to initiating work. The original site is not within a CBRS unit; therefore, it does not trigger the CBRA. Alternative 3 – Reconstruction at an Alternate Location - Proposed Action: The proposed action alternative would involve construction in a designated coastal zone. This project requires a Coastal Use Permit from LDNR. The City of New Orleans is required to contact LDNR prior to initiating work. The proposed site is not within a CBRS unit; therefore, the Proposed Action Alternative does not trigger the CBRA. 4.4 Biological Resources The Endangered Species Act (ESA) of 1973 prohibits the taking of listed, threatened, and endangered species unless specifically authorized by permit from the USFWS or the National Marine Fisheries Service. “Take” is defined in ESA Section 3 as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct." Harm is further defined by the ESA regulations to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering. The West Indian manatee, Gulf sturgeon and pallid sturgeon are species federally listed as threatened or endangered found in Orleans Parish. Alternative 1 – No Action: The No Action Alternative would have no impact on species federally listed as threatened or endangered. Alternative 2 – Reconstruction/Repair in the Same Footprint: Reconstruction/repair of the Nora Navra Library in substantially its same footprint would have no impact on species federally listed as threatened or endangered. Alternative 3 – Reconstruction at an Alternate Location - Proposed Action: Inspections of the proposed site did not indicate the presence of any species federally listed as threatened or endangered. In correspondence dated September 15, 2011, the USFWS stated that the project, as proposed, would have no effect on Federal trust resources under its jurisdiction and currently protected by the ESA (Appendix B). 4.5 Cultural Resources The consideration of impacts to historic properties listed on or eligible for the National Register of Historic Places is mandated under Section 106 of the National Historic Preservation Act (NHPA) as implemented by 36 CFR Part 800. Requirements include the identification of significant historic properties that may be impacted by the proposed action or alternatives within the project’s area of potential effect. Historic properties are defined as archaeological sites, standing structures or other historic resources listed in or determined eligible for listing in the National Register of Historic Places. If adverse effects on historic, archaeological or cultural properties are identified, agencies must consider effects of their activities and attempt to avoid, minimize, or mitigate the impacts to these resources. FEMA, the Louisiana State Historical Preservation Office (SHPO), the Louisiana Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP), the Alabama-Coushatta Tribe of Texas (ACTT), the Caddo Nation (CN), the Chitimacha Tribe of Louisiana (CTL), the Choctaw Nation of Oklahoma (CNO), the Coushatta Tribe of Louisiana (CT), the Jena Band of Choctaw Indians (JBCI), the Mississippi Band of Choctaw Indians (MBCI), the Quapaw Tribe of Oklahoma (QTO), the Seminole Nation of Oklahoma (SNO), the Seminole Tribe of Florida (STF), the Tunica-Biloxi Tribe of Louisiana (TBTL), and the Advisory Council on Historic Preservation (ACHP) have executed a Statewide Programmatic Agreement (PA) dated August 17, 2009 to streamline the Section 106 review process (hereafter referred to as the Statewide PA). The proposed action is subject to the standard project review stipulation of the Statewide PA. Existing Conditions The applicant intends to demolish the Nora Navra Library located at 1902 St. Bernard Avenue and rebuild it with improvements 500 feet to the northeast on a triangular piece of land bounded by Aubry Street on the northeast, Old North Prieur Street on the southeast and A.P. Tureaud Avenue on the west. The library was constructed circa 1954. Standing Structures Based on research using the National Register of Historic Places (NRHP) database and the Louisiana Cultural Resources Map on the Louisiana Division of Historic Preservation’s website, FEMA has determined that the project areas, demolition site and construction site, are located adjacent to the Esplanade Ridge National Register Historic District (NRHD). FEMA, in consultation with SHPO, previously determined that the library is not listed or eligible to be listed on the National Register of Historic Places. SHPO concurred October 30, 2007. Archaeological Properties The project location falls within the Orleans Parish High Probability Zone for potential archaeological or historic resources. Upon consultation of data provided by the SHPO, there are several archaeological sites within 0.5 miles of the APEs. None of the sites will be affected by the current Undertaking. Hardee’s 1878 map entitled New Orleans shows this general area as developed although no structures are shown within the project areas. Likewise, the 1883 Robinson map of New Orleans indicates that structures were located in the surrounding blocks but not within the project areas. The Sanborn Fire Insurance maps of New Orleans include the project area as early as the 1908-1909. The location of the Nora Navra Library remained vacant until the drawing of the 1939-1951 map series when a library and a store are shown. The proposed construction location remained vacant until the 1929-1940 map series when three sheds were constructed on the lot. According to the drawing of the 1939-1951 map series, the number was reduced to two sheds. Recent USGS topographic maps indicate that the parcel may have been used as a park. Alternative 1 - No Action: This alternative does not include any FEMA undertaking; therefore FEMA has no further responsibilities under Section 106 of the National Historic Preservation Act. Alternative 2 – Reconstruction/Repair in the Same Footprint: Reconstruction/repair of the Nora Navra Library in the same footprint would not affect any below ground in-tact cultural resources. However, if the replacement facility does not have the same massing, height, scale and materials as the original facility, FEMA will need to address potential visual effects on the NRHP-listed Esplanade Ridge Historic District. Alternative 3 - Reconstruction at an Alternate Location - Preferred Alternative: FEMA defined the Standing Structures Areas of Potential Effects as the view sheds from the project sites that encompass the houses immediately around the damaged library tract and those immediately around the proposed construction tract. The two APEs overlap due to their close proximity. FEMA defined the Archaeological Areas of Potential Effects (APE) as the entire 0.35 acre tract on which the damaged library stands and the entire 0.75 acre tract that is the proposed location for the new library facility. The project areas were examined to determine the effect of the undertaking on historic resources. Although the Nora Navra Library is adjacent to the Esplanade Ridge Historic District, its demolition will not affect the integrity of the district. The structures APE for the new location includes buildings over 50 years old, however none are individually eligible for the National Register of Historic Places nor are they eligible collectively as a historic district. The archaeological investigations revealed that the existing library building occupies approximately half of the lot on which it lies. The construction of the building and the installation of utilities have heavily impacted any cultural material that may have been present. Additionally, subsurface testing of the proposed construction location revealed heavily disturbed soils with an addition of fill and garbage. FEMA has determined that there is No Adverse Effect to historic properties as a result of the proposed undertaking. SHPO concurrence with this determination was received, dated May 12, 2010. On May 3, 2010, consultation with affected tribe the Choctaw Nation of Oklahoma was conducted in accordance with the Programmatic Agreement dated August 17, 2009. Additionally, on May 3, 2010, consultation with affected tribes, including the Jena Band of Choctaw Indians, the Mississippi Band of Choctaw Indians, the Quapaw Tribe of Oklahoma, the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, and the Tunica-Biloxi Tribe of Louisiana, was conducted pursuant to 36 CFR §800.2(c)(2)(i)(B). The Alabama-Coushatta Tribe of Texas concurred with the determination. FEMA has not received a response from the other Tribes within the timeframes in the PA and the Section 106 regulations and therefore may proceed with funding under the PA and 36 CFR Part 800. The applicant must comply with the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq.) and the Inadvertent Discovery Clause, which can be found under the Environmental Review NHPA conditions. Any change to the approved scope of work will require reevaluation under Section 106. The consideration of effects to historic properties listed in or eligible for the National Register of Historic Places (NRHP) is mandated under Section 106 of the National Historic Preservation Act (NHPA) as implemented by 36 CFR Part 800. Requirements include the identification of significant or historic properties that may be affected by the proposed action or alternatives within the project’s area of potential effects. Historic properties are defined as archaeological sites, standing structures or other historic resources listed in or determined eligible for listing in the NRHP. If adverse effects on historic properties are identified, Federal agencies must consider effects of their activities and attempt to avoid, minimize, or mitigate the effects to these historic properties. 4.6 Hazardous Materials The management of hazardous materials is regulated under various federal and state environmental and transportation laws and regulations, including the Resource Conservation and Recovery Act (RCRA) the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Emergency Planning and Community Right-to-Know Act, the Hazardous Materials Transportation Act, and the Louisiana Voluntary Investigation and Remedial Action statute. The purpose of the regulatory requirements set forth under these laws is to ensure the protection of human health and the environment through proper management (identification, use, storage, treatment, transport, and disposal) of these materials. Some of these laws provide for the investigation and cleanup of sites already contaminated by releases of hazardous materials, wastes, or substances. A database search prepared for the proposed project site revealed that there are no Louisiana Volunteer Remedial Program (VRP)/Brownfield sites located on the proposed site. No sites of concern were found during a review of the Electronic Document Management System (EDMS) database for other hazardous waste management and disposal, solid waste disposal, storage tank, enforcement, and other databases on the proposed site. There are no recorded oil and gas wells on or near the proposed property. A search of the Louisiana Department of Environmental Quality (LDEQ) Leaking Underground Storage Tank (LUST) database revealed no recorded LUST sites within 0.25 miles of the site. A database search prepared for the proposed project site revealed that there are no Louisiana Volunteer Remedial Program (VRP)/Brownfield sites located within 0.5 miles of the site. Alternative 1 – No Action Alternative: The No Action alternative would not disturb any hazardous materials or create any potential hazard to human health. Alternative 2 – Reconstruction/Repair in the Same Footprint: No hazardous materials, wastes, or substances (including contaminated soil or groundwater) have been identified at the same site. Reconstruction/repair of the Nora Navra Library in substantially its same footprint would not disturb any hazardous materials or create any potential hazard to human health. Alternative 3 – Reconstruction at an Alternate Location - Proposed Action: Findings indicate that no hazardous materials, wastes, or substances (including contaminated soil or groundwater) have been identified at the proposed site. If hazardous constituents are unexpectedly encountered in the project area during the proposed construction operations, appropriate measures for the proper assessment, remediation and management of the contamination shall be initiated in accordance with applicable Federal, state, and local rules and regulations. Project construction may involve the use of hazardous materials (e.g., petroleum products, cement, caustics, acids, solvents, paints, electronic components, pesticides/herbicides and fertilizers, treated timber) and may result in the generation of small volumes of hazardous wastes. Best management practices and appropriate measures to prevent, minimize, and control spills of hazardous materials shall be taken, and any hazardous and non-hazardous wastes generated shall be disposed of in accordance with applicable federal, state, and local requirements. 4.7 Environmental Justice Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, was signed on February 11, 1994. The EO directs federal agencies to make achieving environmental justice part of their missions by identifying and addressing, as appropriate, disproportionately high adverse human health, environmental, economic, and social effects of its programs, policies and activities on minority or low-income populations. According to the most readily available (2000) U.S. Bureau of the Census Demographic Profile Highlights for New Orleans zip code 70116, 29.2 percent of the population is white, 68.1 percent is black, 2.6 percent is Hispanic, 0.5 percent is Asian, 0.3 percent is Native American, and 0.1 percent is Native Hawaiian. The median household income is $21,150. Alternative 1 – No Action: The No Action Alternative would not involve the implementation of a federal program, policy or activity. Therefore, there will be no disproportionate adverse impacts to low-income or minority populations. Alternative 2 – Reconstruction/Repair in the Same Footprint: Reconstruction/repair of the Nora Navra Library in substantially its same footprint would have no disproportionate adverse impacts to low-income or minority populations. Alternative 3 – Reconstruction at an Alternate Location - Proposed Action: The proposed action will have no disproportionate adverse human health, economic, or social effects on minority or low-income populations. The activity would replace a previous existing facility to a currently developed parcel of previously-disturbed urban land, and much of the surrounding land near the proposed site is currently developed. Residential neighborhoods are within 0.25 mile of the proposed project site (see Figure 3). The proposed library facility would serve residents living in the surrounding neighborhoods as well as throughout Orleans Parish. 5.0 CUMULATIVE IMPACTS According to the Council on Environmental Quality (CEQ) regulations, cumulative impacts represent the “impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions, regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 1508.7). The entire Louisiana Gulf Coast is undergoing recovery efforts after the 2005 hurricane season which includes demolition, reconstruction, and new construction, within private sector as well as Federal and state government. The USACE is undergoing one of the largest projects in their history, rebuilding the Greater New Orleans Hurricane and Storm Damage Risk Reduction System, which will improve approximately 350 miles of levees, concrete floodwalls, and other structures to meet 100-year level of risk reduction. The Louisiana Department of Transportation and Development (LADOTD) has an unusually large number of infrastructure improvements ongoing in and around Orleans Parish such as the Huey P. Long Bridge widening, the I-10 Twin Span Bridge replacement, and the I-10 and Causeway interchange improvements. The combination of all recovery development projects, including those mentioned above would have cumulative effects to Orleans Parish. However, it is anticipated that the Proposed Action would not have cumulative impacts on resources addressed in this EA. 6.0 CONDITIONS AND MITIGATION MEASURES Based upon the studies and consultations undertaken in this EA, several conditions must be met and mitigation measures must be taken by City of New Orleans (Applicant) prior to and during project implementation. * In accordance with applicable local, state, and federal regulations, the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed project site. * The project is currently under evaluation by FEMA to determine the minimum BFE this facility must be protected against. The City of New Orleans is also required to coordinate with the local floodplain administrator regarding floodplain permit(s) prior to the start of any activities. All coordination pertaining to these permit(s) should be documented to the local floodplain administrator and copies provided to the State and FEMA as part of the permanent project files. Per 44 CFR 9.11(d)(9), mitigation or minimization standards must be applied, where possible. The replacement of building contents, materials, and equipment should be, where possible, wet or dry-proofed, elevated, or relocated to or above the BFE. In compliance with EO 11988, an 8-step process was completed and documentation is attached in Appendix C. * Fill or borrow material used must be sourced from sites that do not contain any buried cultural materials (i.e., wells, cisterns, foundations, basements, prehistoric Indian artifacts, human burials, and the like). If during the course of work, archaeological artifacts (prehistoric or historic) or human remains are discovered, City of New Orleans and/or its contractors must immediately stop work in the vicinity of the discovery and take all reasonable measures to avoid or minimize harm to the finds. The Applicant and GOHSEP must inform the FEMA Public Assistance program, who would in turn contact the FEMA Historic Preservation staff. The Applicant must not proceed with work until FEMA completes the necessary reviews required by Section 106 of NHPA. In addition, if unmarked graves are present, compliance with the Louisiana Unmarked Human Burial Sites Preservation Act is required. In that situation, the Applicant must notify the local law enforcement agency within 24 hours of the discovery, and notify FEMA and the Louisiana Division of Archaeology at (225) 342-8170 within 72 hours of the discovery. Failure to comply with these stipulations may jeopardize FEMA funding of the project. * Project construction would involve the use of potentially hazardous materials (e.g., petroleum products, cement, caustics, acids, solvents, paint, electronic components, pesticides, herbicides, fertilizers, treated timber) and may result in the generation of small volumes of hazardous wastes. Appropriate measures to prevent, minimize, and control spills of hazardous materials must be taken and generated hazardous and non-hazardous wastes are required to be disposed in accordance with applicable Federal, state and local regulations. * The project has been found by the LDNR to be inside the Louisiana Coastal Zone; therefore, they require that a complete Coastal Use Permit Application package (Joint Application Form, locality maps, project illustration plats with plan and cross section views, etc.) along with the appropriate application fee be submitted to their office prior to construction. 7.0 PUBLIC INVOLVEMENT AND AGENCY CONSULTATION FEMA is the lead federal agency for conducting the NEPA compliance process for this Public Assistance project. It is the responsibility of the lead agency to conduct the preparation and review of NEPA documents in a way that is responsive to the needs of the Parish communities while meeting the spirit and intent of NEPA and complying with all NEPA provisions. As part of the development of early interagency coordination related to the proposed action, state and Federal resource protection agencies were contacted and FEMA distributed an informal scoping notification through a Solicitation of Views. In accordance with applicable local, state, and federal regulations, the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed project site. These agencies include the State Historical Preservation Officer, U. S. Fish and Wildlife Service, the U.S. Department of Agriculture Natural Resources Conservation Service, the Governor's Office of Homeland Security and Emergency Preparedness, Louisiana Department of Environmental Quality, U. S. Environmental Protection Agency, Louisiana Department of Natural Resources, U. S. Army Corps of Engineers, and National Oceanic & Atmospheric Administration National Marine Fisheries Service. FEMA has received no objections to the project as proposed subsequent to these notifications and comments and conditions received have been incorporated into this NEPA document. FEMA is inviting the public to comment on the proposed action during a fifteen (15) day comment period. A public notice will be published for 5 days in the local newspaper, The Times-Picayune, announcing the availability of this EA for review at the Orleans Parish Main Library at 219 Loyola Avenue, New Orleans, LA. A copy of the Public Notice is attached in Appendix C. 8.0 LIST OF PREPARERS Holly Mittel – Environmental Specialist June Griffin – Floodplain Specialist Adam Borden – Lead Environmental Specialist Daphne Owens – Archaeologist / Historic Preservation Specialist Tiffany Spann-Winfield - Deputy Environmental Liaison Officer 9.0 REFERENCES Endangered Species Act of 1973 Website: http://epw.senate.gov/esa73.pdf Executive Order 11988, Floodplain Management, 1977. Website: http://www.fema.gov/plan/ehp/ehplaws/eo11988.shtm. Executive Order 11990, Wetlands Management, 1977. Website: http://www.fema/gov/plan/ehp/ehplaws/eo11990.shtm. Executive Order 12898, Environmental Justice for Low Income and Minority Populations, 1994. Website: http://www.fema.gov/plan/ehp/ehplaws/ejeo.shtm. Federal Emergency Management Agency. 2006. Advisory Base Flood Elevation Map, Orleans Parish, Louisiana. Map LA DD-31. Website: http://www.fema.gov/pdf/hazard/flood/recoverydata/katrina/maps/katrina_la_or-ee32.pdf. Accessed November 4, 2011. Federal Emergency Management Agency. 2008. Preliminary Digital Flood Insurance Rate Map (DFIRM) Preliminary Revised Map No. 22071C0230F, November 13, 2008. Federal Emergency Management Agency. 2011. David Miller. Guidance for Use of Best Available Data in Complying with 44CFRPart 9 and EO 11988 for Certain Areas of Greater New Orleans Google Earth. 2010. Aerial Imagery & National Wetlands Inventory (NWI) Layer, Wetlands and Deepwater Habitats Classifications (www.fws.gov). U.S. Fish and Wildlife Service. 2010. National Wetlands Inventory Maps. http://www.fws.gov/wetlands/Data/mapper.html. Accessed November 2011. Louisiana Department of Environmental Quality (LDEQ). 2011. Electronic Document Management System. Louisiana Department of Natural Resources (LDNR). 2011. Permits/Mitigation Support Division. Website: http://dnr.louisiana.gov/crm/coastmgt/coastmgt.asp. Louisiana Department of Environmental Quality. Air quality data. Website: http://www.deq.louisiana.gov/portal/tabid/37/Default.aspx?Search=non-attainment+areas Louisiana Department of Environmental Quality. Volunteer Remedial Program List. Website: http://www.deq.louisiana.gov/portal/Portals/0/Remediation Services/VRP. Louisiana Department of Environmental Quality. State Brownfield list. Online Available: http://www.deq.louisiana.gov/portal/tabid/2620/Default.aspx. Louisiana Department of Environmental Quality. Leaking Underground Storage Tank list. Website: http://www.deq.louisiana.gov. Louisiana Department of Natural Resources. Coastal Zone Management Act. Website: http://dnr.louisiana.gov/crm/coastmgt/coastmgt.asp. Louisiana Department of Natural Resources, Office of Coastal Management. Letter Correspondence 09/16/2011 from Karl L. Morgan, Acting Administrator. Louisiana Mapping Project (LAMP). 2006-2007. Website: http://www.lamappingproject.com National Oceanic and Atmospheric Administration. Coastal Barrier Resources Act. Website: http://www.csc.noaa.gov/cmfp/reference/Coastal_Barrier _Resources_Act.htm Accessed November 2011. Principal Environmental & Historic Preservation Laws. Website: http://www.fema.gov/plan/ehp/ehplaws/, accessed September 2010. U.S. Census Bureau. [Online] Available: http://factfinder.census.gov/servlet/SAFFFacts?_event=Search&geo_id=&_geoContext=&_street=&_county=70116&_cityTown=70116&_state=&_zip=70116&_lang=en&_sse=on&pctxt=fph&pgsl=010&show_2003_tab=&redirect=Y U.S. Department of the Army, Corps of Engineers, New Orleans District. Letter dated Novmber, 2011. Account number MVN-a2009-02105-SA. U.S. Environmental Protection Agency. 2006. Nonattainment Status for each Parish by year. [Online] Available: http://www.epa.gov/oar/oaqps/greenbk/anay.html. U.S. Environmental Protection Agency (USEPA). 2010. Currently Designated Nonattainment Areas for All Criteria Pollutants. Website: http://www.epa.gov/oar/oaqps/greenbk/ancl.html. U.S. Fish and Wildlife Service. Endangered Species Data. Website: http://www.fws.gov/endangered/wildlife/htm. U.S. Fish and Wildlife Service, Louisiana Field Office. Letter dated September 15, 2011, Deborah A. Fuller. Appendix A Location and Site Maps Note: The site plan is included in the PDF version of this document Appendix B Agency Correspondence Note: State and Federal Agency correspondence is included in the PDF version of this document Appendix C Eight-Step Decision Making Process Note: The Eight-Step Decision Making Process is included in the PDF version of this document Appendix D Public Notice FEMA PUBLIC NOTICE OF AVAILABILITY DRAFT ENVIRONMENTAL ASSESSMENT AND DRAFT FINDING OF NO SIGNIFICANT IMPACT FOR RECONSTRUCTION AT AN ALTERNATE LOCATION OF THE NORA NAVRA LIBRARY FACILITY, ORLEANS PARISH, LOUISIANA Interested parties are hereby notified that the Federal Emergency Management Agency (FEMA) has prepared an Environmental Assessment (EA) for a proposed reconstruction and reorientation of the Hurricane Katrina damaged Nora Navra Library formerly located at 1902 St. Bernard Avenue, New Orleans, Louisiana. The proposed action is for replacement of the Nora Navra Library 6673 square feet building in a different location approximately 500 feet northeast of the present site on a triangular lot bounded by Old Prieur Street, Aubry Street, and A.P Tureaud Avenue at Latitude 29.97674, Longitude -90.06668. City of New Orleans seeks Federal grant funds for this action eligible for repairs under a Presidential Disaster Declaration, signed on August 29, 2005 (FEMA-1603-DR-LA). This proposed action would include developing a triangular-shaped site located 500 feet northeast of the current location. Development would include constructing an approximately 6673 square feet building, to mainly service the current needs in this community and the surrounding areas. Activities would include, where necessary, site clearing, grading, driveway construction, and placement of appurtenant utilities (electricity, telephones, water, and sewer) for the site. Per the National Environmental Policy Act (42 U.S.C. 4371 et seq.), and associated environmental statutes, a Draft EA has been prepared to evaluate the action’s potential impacts on the human and natural environment. The Draft EA summarizes the purpose and need, alternative site analysis, affected environment, and potential environmental consequences associated with the proposed action. The public notice will be published for five consecutive days; December 19-23, 2011. The comment period will be 15 days – beginning on December 23, 2011 through January 12, 2012. Written comments on the Draft EA or related matters can be faxed to FEMA’s Louisiana Recovery Office at (504) 762-2323; or mailed to FEMA Louisiana Recovery Office, 1 Seine Court, New Orleans, Louisiana 70114. The Draft EA can be viewed and downloaded from FEMA’s website: http://www.fema.gov/plan/ehp/envdocuments/ea-region6.shtm. A public notice will be published for 5 days in the local newspaper, The Times-Picayune announcing the availability of the Draft EA for public review at the Orleans Parish Main Library at 219 Loyola Avenue, New Orleans, LA 70112, (hours are 10 a.m. - 6 p.m., Mon. - Thurs., 10 a.m. - 5 p.m., Fri. & Sat.). Based on FEMA’s findings to date, no significant adverse environmental effects are anticipated. However, if FEMA receives new information that results in a change from no adverse effects then FEMA would revise the findings and issue a second public notice allowing time for additional comments. If no substantive comments are received, the Draft EA and associated Draft Finding of No Significant Impact (FONSI) will become final and this initial Public Notice will also serve as the final Public Notice. Substantive comments will be addressed as appropriate in the final documents. ii 3 1 Nora Navra Library – DRAFT Environmental Assessment (December 2011) 19 Nora Navra Library – DRAFT Environmental Assessment (December 2011)