Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL --LOUISIANA April 2007 See 44 Code of Federal Regulation Part 10 Project NameINumber: New Orleans Fire Station 36/ PW 10517-4 FIPS#: 071-55000-00 Applicant Name: City of New Orleans Project Location: 5401 Read Road New Orleans, Louisiana 70127, Orleans Parish Latitude: 30.02700, Longitude: -89.96880 Project Description: On August 28 and 29th, 2005, Hurricane Katrina made landfall in New Orleans, LA and damaged Fire Station 36. The building, constructed in 1992, is a one-story contemporary all brick firehouse with (4) drive-though apparatus bays which are 70' x 51' (3570 sf.) with a large 60' x 100' (6000 sf.), and a quarter's area that includes the 4th district headquarters' offices. The event did not cause any identified wind damage, however the facility received approximately 3'-0" offloodwater. The building's interior construction is mainly painted concrete block which suffered only cosmetic damage. Further evaluation shows that damage to the facility exceeds 50% of the replacement cost, making the facility eligible for replacement. The scope of work is to demolish the existing facility, slab included, and replace it with upgrades to codes and standards. National Environmental Policy Act (NEP A) Determination D Statutorily excluded from NEPA review (Review Concluded) D Programmatic Categorical Exclusion -Category (Review Concluded) [gI Categorical Exclusion -Category xii and xv [gI No Extraordinary Circumstances exist. Are project conditions required? [gI 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 Alternative Arrangements D Public Involvement Plan on file (see comments below) D Environmental Assessment D Supplemental Environmental Assessment (Reference EA or PEA in comments) D Environmental Impact Statement Comments: Based on information provided by the applicant, the scope of work for this project is categorically excluded from the preparation ofan Environmental Impact Statement or Environmental Assessment under 44 CFR Part 10.8 (d)(2)(xii) and (xv). Any changes to this approved scope of work will require submission to, and evaluation and approval by, the state and FEMA prior to initiation of any work, for compliance with the National Environmental Policy Act. The applicant is required to obtain and comply with all local, state and federal permits and requirements. Non-compliance with the re uirements noted above rna . eo ardize the recei t of federal fundin . D Project is Non-Compliant (see attached documentation justifying selection). Reviewer and Approvals FEMA Environmental Reviewer: Name: Br . lark, Signature _~.c.::::t:::=l~~..):..:..._~~....,.>l~___oate_...;;;,5::::,../jl---!-l..LI_D_'l___ , Reviewer Name: Brandon M. Clark Project Name/Env Database No: New Orleans Fire Station 361 PW 10517-4 FEMA-160l/1607-DR-LA Parish: Orleans Parish FE~9vironmentalLiaison Officer or Delegated Approving Official: Narnthia eter, De nvironme 1 Liaison Officer, FEMA LA TRO Signature .' Date -M1 I. Compliance Review for Environmental Laws (other than NEPAl A. National Historic Preservation Act (NHPA) D Not type of activity with potential to affect historic structures or archaeological resources (Review Concluded) cgj Activity meets Programmatic Agreement, December 3, 2004. Appendix A: Programmatic Allowances, Item I, Section A Are project conditions required? cgj Yes (see Section V) D No D Programmatic Agreement not applicable for historic structures or archeological sites, must conduct standard Section 106 Review (see below). D Other Programmatic Agreement dated applies HISTORIC BUILDINGS AND STRUCTURES [8J No historic properties that are listed or 45150 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 ofNo 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 (FEMA findingiSHPOITHPO concurrence on file) Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. Ifnot, explain in comments D No Adverse Effect Determination (FEMA findingiSHPOITHPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Adverse Effect Determination (FEMA findingiSHPOITHPO 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 D Project scope of work has no potential to affect archeological resources (Review Concluded) cgj Project affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground or grounds associated with a historic structure D Project area has no potential for presence ofarcheological resources D Determination ofno historic properties affected (FEMA findingiSHPOITHPO concurrence on file) (Review Concluded) D Project area has potential for presence of archeological resources D 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 D Yes (see Section V) D No (Review Concluded) D NR eligible resources present in project area (FEMA findingiSHPOITHPO concurrence on file) D No Adverse Effect Determination (FEMA findingl SHPOITHPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Adverse Effect Determination (FEMA findingiSHPOITHPO 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) Comments: Fire Station #36 does not meet the 50-year-criterion or criteria consideration G ofthe National Register guidelines to be considered eligible for the National Register of Historic Places. Ground disturbing activities include demolition, foundation removal, and rebuilding the structure within its pre-disaster footprint with some modifications to meet current codes and standards. Data provided by the State Historic Preservation Office indicates that there are no known archaeological sites within the project area and all work will occur within a previously disturbed area. The scope ofwork meets the criteria in FEMA's Programmatic Agreement (PA) dated December 3,2004, Appendix A: Programmatic Allowances, Item I, Section A. In accordance with this P A, FEMA is not required to consult with the SHPO where work • Reviewer Name: Brandon M. Clark Project NamelEnv Database No: New Orleans Fire Station 361 PW 10517-4 FEMA-1603/1607-DR-LA Parish: Orleans Parish perfonned meets these criteria. 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. Correspondence/Consultation/References: Jerame Cramer, Historic Preservation Specialist! Archaeologist B. Endangered Species Act [8J No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) o Listed ies and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. No effect to species or designated critical habitat. (See comments for justification) Are project conditions required? 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: Project is located in an urban or previously developed area. Neither listed species nor their habitat occur in or near this site, thus FEMA finds there will be no effect to threatened or endangered species. Correspondence/Consultation/References: USFWS emergency consultation provisions detennined in letters dated September IS, 200S for Katrina. 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 3S0S.a.6. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: Project is not within a CBRA zone. Correspondence/ConsultalionlReferences: Louisiana Coastal Barrier Resource System Maps referenced May I, 2009 D. Clean Water Act [8J Project would not affect any waters of the 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 I of Clean Water Act or Section 911 0 of Rivers and Harbors Act penn it, including qualification under Nationwide Pennits. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) o Project would affect waters ofthe U.S. by discharging to a surface water body. Comments: No jurisdictional waters of the U.S., including wetlands, occur in or near the project area. Correspondence/Consultation/References: USFWS National Wetlands Inventory map (http://www.fWs.gov/nwil) queried on May I, 2009 E. Coastal Zone Management Act o Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) [8J Project is located in a coastal zone area and/or affects the coastal zone [8J State administering agency does not require consistency review. (Review Concluded). o State administering agency requires consistency review. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) , Reviewer Name: Brandon M. Clark Project Name/Env Database No: New Orleans Fire Station 361 PW 10517·4 FEMA-160l/1607-DR-LA Parish: Orleans Parish Comments: This project is located within the Louisiana Coastal Management Zone. Projects within the coastal zone may require a coastal use pennit or other authorization from LADNR. Projects may be coordinated by contacting LA DNR at 1225- 342-9232. Correspondence/Consultation/References: Louisiana Coastal Zone maps queried May I, 2009 F. Fish and Wildlife Coordination Act [8J Project does not affect, control, or modify a waterwaylbody of water. (Review Concluded) o Project affects, controls, or modifies a waterwaylbody of water. o Coordination with USFWS conducted o No Recommendations offered by USFWS. (Review Concluded) o Recommendations provided by USFWS. Are project conditions required? 0 YES (see Section V) NO (Review Concluded) Comments: Project scope does not include impoundment, diversion, control, or other modification ofwaters of any stream or body ofwater. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.govQqueriedMay 1,2009 G. Clean Air Act o Project will not result in pennanent air emissions. (Review Concluded) [8J Project is located in an attainment area. (Review Concluded) o Project is located in a non-attainment area. o Coordination required with applicable state administering agency. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: The proposed project includes activities that would produce a minor, temporary, and localized impact on air quality from vehicle emissions and fugitive dust particles. No long-tenn air quality impact is anticipated. Correspondence/Consultation/References: EPA Region 6 Non-attainment Map H. Farmland Protection Policy Act [8J Project will not affect undisturbed ground. (Review Concluded) o Project has a zoning classification that is other than agricultural or is in an urbanized area. (Review Concluded) o Project does not affect designated prime or unique fannland. (Review Concluded) o Project causes unnecessary or irreversible conversion of designated prime or unique fannland. o Coordination with Natural Resources Conservation Service required. o Fannland Conversion Impact Rating, Fonn AD-l 006, completed. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: The site is located within an existing urban and developed area and FPPA is precluded. Correspondence/Consultation/References: National Resource Conservation Service, Web Soil Survey (htto:!lwebsoilsurvev.nrcs.usda.l!ov/aoo/) referenced May l, 2009 I. Migratory Bird Treaty Act o 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? 0 Yes (see section V) [8J No (Review Concluded) o Project has potential to take migratory birds. o Contact made with USFWS Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: The site is an existing disturbed area with little value to migratory birds and would not be included in the USFWS migratory bird management program. Correspondence/Consultation/References: USFWS guidance letter dated September 27,2005. • Re"iewer Name: Brandon M. Clark Project Name/En" Database No: New Orleans Fire Station 36/ PW 10517-4 FEMA-1603/1607-DR-LA Parish: Orleans Parish J. Magnuson-Stevens Fishery Conservation and Management Act t8J Project not located in or near Essential Fish Habitat (Review Concluded) o Project located in or near Essential Fish Habitat. o Project does not adversely affect Essential Fish Habitat (Review Concluded) Are project conditions required? Yes (see Section V) 0 No (Review Concluded) Project adversely affects Essential Fish Habitat (FEMA determinationlUSFWSINMFS concurrence on file) o NOAA Fisheries provided no recommendation(s) (Review Concluded). Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) o NOAA Fisheries provided recommendation(s) o Written reply to NOAA Fisheries recommendations completed. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: Project is not located in or near any surface waters with the potential to affect EFH species. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.govQ referenced May 1,2009 K. Wild and Scenic Rivers Act t8J Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) o Project is along or affects WSR Project adversely affects WSR as determined by NPS/USFS. FEMA cannot fund the action. (NPSIUSFSIUSFWSIBLM consultation on file) (Review Concluded) Project does not adversely affect WSR. (NPSIUSFSIUSFWS/BLM consultation on file) Are project conditions required? YES (see Section V) 0 NO (Review Concluded) Comments: Project is not along and does not affect Wild or Scenic River (WSR). Correspondence/Consultation/References: National Wild and Scenic Rivers http://www.nps.gov/rivers!wildriverslist.html. L. Resource Conservation and Recovery Act Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, applicant shall handle, manage, and dispose of petroleum products, hazardous materials (such as asbestos and lead based paint) andlor toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. M. Other Relevant Laws and Environmental Regulations Formosan Termite Initiative Act In accordance with the Formosan Termite Initiative Act, (LA R.S. 3:3391.1 thru 3391.13) the Louisiana Parish ofOrleans is under quarantine. The movement ofwood or cellulose material, temporary housing or architectural components (e.g. beams, doors and other wood salvaged from a structure) may not leave the quarantined parishes without written authorization from the Commissioner ofthe Louisiana Department ofAgriculture and forestry or his designee(s). II. Compliance Review for Executive Orders A. E.O. 11988 -Floodplains o No Effect on FloodplainslFlood levels and project outside Floodplain -(Review Concluded) t8J Located in Floodplain or Effects on FloodplainslFlood levels o No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) o Beneficial Effect on Floodplain OccupancyNalues (Review Concluded). t8J Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment t8J 8 Step Process Complete -documentation on file Are project conditions required? t8J YES (see Section V) NO (Review Concluded) o A Final Public Notice is required Comments: None , Reviewer Name: Brandon M. Clark Project NamelEnv Database No: New Orleans Fire Station 361 PW 10517·4 FEMA·160JIl607·DR-LA Parish: Orleans Parish Comments: The City of New Orleans / Orleans Parish is enrolled in the national flood insurance program (NFIP) as of 08/03/1970. per preliminary digital flood insurance rate map (DFIRM) panel number 22071 cO 140f dated 10/30/08, project is located within an "ae (el-2)" zone, special flood hazard areas (SFHAS) subject to inundation by the 1% annual chance flood, base flood elevations determined. Correspondence/Consultation/References: M. Sibley, Environmental Specialist, Floodplain B. E.O. 11990 -Wetlands ~No Effects on Wetland(s) and/or project located outside Wetland(s) -(Review Concluded) o Located in Wetland or effects Wetland(s) o Beneficial Effect on Wetland -(Review Concluded) o Possible adverse effect associated with constructing in or near wetland o Review completed as part of floodplain review o 8 Step Process Complete -documentation on file Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: None Correspondence/Consultation/References: USFWS NWI map accessed on-line May 1,2009 C. E.O. 12898 -Environmental Justice for Low Income and Minority Populations ~Project scope of work has no potential to adversely impact any population (Review Concluded) o No Low income or minority population in, near or affected by the project based on information gathered from http://factfinder.census.gov. (Review Concluded) o Low income or minority population in or near project area o No disproportionately high and adverse impact on low income or minority population (Review Concluded) o Disproportionately high or adverse effects on low income or minority population Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) CorTes ondence/Consultation/Re erences: None 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). IV. Extraordinary Circumstances Yes o (i) Greater scope or size than normally experienced for a particular category of action o (ii) Actions with a high level of public controversy o (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; o (iv) Employment of unproven technology with potential adverse effects or actions involving unique or unknown environmental risks; o (v) Presence of endangered or threatened species or their critical habitat, or archaeological, cultural, historical or other protected resources; o (vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiring action or attention; o (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; o (viii) Potential for adverse effects on health or safety; and Record of Environmental Consideration (Version April 2007) • Reviewer Name: Brandon M. Clark Project Name/Env Database No: New Orleans Fire Station 361 PW 10517-4 FEMA-1603/1607·DR-LA Parish: Orleans Parish o (ix) Potential to violate a federal, state, local or tribal law or requirement imposed for the protection of the environment. o (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 ofthe proposed action may not be significant by themselves. IComments: V. Environmental Review Project Conditions Project Conditions: The following conditions apply as a condition of FEMA funding reimbursement: I. Ifduring the course of work, archaeological artifacts (prehistoric or historic) or human remains are discovered, the applicant shall stop work in the vicinity of the discovery and take all reasonable measures to avoid or minimize harm to the finds. The applicant shall inform their Public Assistance (PA) contacts at FEMA, who will in tum contact FEMA Historic Preservation (HP) staff. The applicant will not proceed with work until FEMA HP completes consultation with the SHPO. In addition, if unmarked 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 of the jurisdiction where the remains are located within twenty-four hours ofthe discovery. The applicant shall also notifY FEMA and the Louisiana Division of Archaeology at 225-342-8170 within seventytwo hours ofthe discovery. If this scope of work and/or the footprint/location ofthe new building changes, this project will need to be resubmitted for further Section 106 review prior to ground disturbing activities taking place. Failure to comply with these stipulations may jeopardize receipt of federal funding. 2. Project is replacement of building and replacement of components. Applicant is required to coordinate with local floodplain administrator regarding floodplain permit(s) prior to the start of any activities. Applicant is responsible for meeting all requirements of the permit(s). In compliance with EO 11988, a completed 8-step process showing considered alternatives is attached. Per 44 CFR 9.11 (d) (9), the replacement ofbuilding contents, materials and equipment, where possible, disaster proofing ofthe building and/or elimination ofsuch future losses by relocation of those building contents, materials and equipment to the base flood elevation. Per 44 CFR 9.12, a cumulative final public notice was published 10/26/2007 and is attached. No further floodplain review will be forthcoming unless there should be a change in the scope of work. 3. Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation ofthe project, applicant shall handle, manage, and dispose of petroleum products, hazardous materials (such as asbestos and lead based paint) and/or toxic waste in accordance to the requirements and to the satisfaction ofthe governing local, state and federal agencies. 4. In accordance with the Formosan Termite Initiative Act, (LA R.S. 3:3391.1 thru 3391.13) the Louisiana Parish of Orleans is under quarantine. The movement of wood or cellulose material, temporary housing or architectural components (e.g. beams, doors and other wood salvaged from a structure) may not leave the quarantined parishes without written authorization from the Commissioner of the Louisiana Department of Agriculture and forestry or his designee(s).