Record of Environmental Consideration See 44 Code ofFederal Regulation Part 10. Project NamelNumber: CNO Crime Laboratory I PW 12206 Project Location: 2932 Tulane Avenue, New Orleans, Louisiana Orleans Parish 70119 (N29.9632, W-90.0935) Project Description: Project activities include removing and replacing 16,128 square feet of2'x4' ACT, 41 hollow metal doors and hardware, 15,168 square feet drywall partitions, 16,128 square feet VCT, 300 linear feet of galvanized downspouts, 30 linear feet receptionist counter, 2,000 square feet --_. 6-"'6'· ceramic ttle walls, 2,SOO square feet 12"x12" ceramic tile floors, two 12-ton air cooled ~~~-.&.~ condensing units, one 18-ton air cooled condensing unit, one 50 gallon water heater, one 5 gallon water heater, 16,128 square feet ofintercomlsoundlclosed circuit TV, and all electrical components. Five hazard mitigation proposals are included. HMP I is to raise the (4) air cooled condensing units on steel work platforms 8'-0" above ground. HMP 2 is to raise the replacement air compressor to one foot above the high water mark or the ABFE. HMP 3 is to raise the replacement 50 gallon hot water heater to one foot above the high water mark or the ABFE. HMP 4 is to raise the 5 gallon replacement hot water heater to one foot above the high water mark or the ABFE. HMP 5 is to raise the (4) air handling units on steel work platforms 8'-0" above ground. Documentation Requirements o No Documentation Required (Review Concluded) o (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) r8J (Long version) All applicable laws and executive orders were reviewed. Additional information for compliance is attached to this REC. National Environmental Policy Act (NEPA) Determination o Statutorily excluded from NEP A review. (Review Concluded) o Programmatic Categorical Exclusion -Category (Review Concluded) o Categorical Exclusion -Category o No Extraordinary Circumstances exist. Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) o Extraordinary Circumstances exist (See Section IV). o Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) o Environmental Assessment o Supplemental Environmental Assessment (Reference EA or PEA in comments) i f·r8J Environmental Impact Statement t ! I l J Comment: Although this project would have qualified as a CA TEX (xv and xvi) under 44 CFR part 10.8 (d)(2), this project meets the definition ofcritical infrastructure (Government and Court Administration Buildings) under the Alternative Arrangements for NEPA compliance. This project has conditions and requires mitigation under the other EHP laws which are listed under the NEPA level of environmental review in the project worksheet. Any changes to this approved scope of work will require submission to, and evaluation and approval by, the state and FEMA prior to initiation ofany 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 requirements noted above may jeopardize the receipt of federal funding. Reviewer and Approvals o Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. _.....--....o-u-aTr-e-au-x-.-.E li--:-st -.-----....-~ --..:NTam-e-:-.P...-e-rry-TJ.-.B .....n-v....,i~ro-nm-~en-ta:--rl.,.,Sr-p-ec-.i~a.... --~~ Signature 3-~ ~ .Date_-=9/.=8/=2.::..;OO=-=6=-_______'_ FEMA Regional Environmental Officer or delegated approving official. Name: Howard R. Bush, ELO Signature ~~ . Date_---"-9'-"/8::..::/2=O-"'-06::::....-_______'_ I. Compliance Review for Environmental Laws (other than NEPAl A. National Historic Preservation Act D Not type of activity with potential to affect historic properties. (Review Concluded) C8'J Applicable executed Programmatic Agreement December 3,2004 C8'J Activity meets Programmatic Allowance Appendix A, Section I A Are project conditions required? [81 Yes (see section V) D No (Review Concluded) HISTORIC BUILDINGS AND STRUCTURES C8'J 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 ofNo Historic Properties Affected (FEMA fmdingiSHPOITHPO concurrence on file) Are project conditions required? D Yes (see section V) D No (Review Concluded) o Determination ofHistoric 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. lfnot, explain in comments D No Adverse Effect Determination (FEMA fmding/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 ofAdverse Effect completed. (MOA on file) Are project conditions required D Yes (see section V) D No (Review Concluded) ARCHEOLOGICAL RESOURCES [81 Project affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground. oProject area has no potential for presence ofarcheological resources D Determination ofno historic properties affected (FEMA findingiSHPOITHPO concurrence or consultation on file). (Review Concluded) D Project area has potential for presence ofarcheological resources D Determination of no historic properties affected (FEMA finding/SHPOITHPO concurrence on file) Are project conditions required D Yes (see section V) D No (Review Concluded) Record of Environmental Consideration 2 ,~~_-, D Detennination ofhistoric properties affected D NR eligible resources not present (FEMA finding!SHPOITHPO concurrence on file). Are project conditions required DYes (see section V) 0 No (Review Concluded) D NR eligible resources present in project area. (FEMA finding! SHPOITHPO concurrence on file) D No Adverse Effect Detennination. (FEMA finding! SHPOITHPO concurrence on file) Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) D Adverse Effect Detennination. (FEMA finding! SHPOITHPO concurrence on file) D Resolution ofAdverse Effect completed. (MOA on file) Are project conditions required? D Yes (see section V) D No (Review Concluded) Comments: 9/8106 -Scope of work indicates ground disturbing activities associated with elevating heating. cooling and compressor units on steel platfonns. Upon consultation ofdata provided by the State Historic Preservation Officer (SHPO), disturbed area. Therefore, the scope ofwork as submitted meets the criteria outlined in the Programmatic Agreement dated December 3, 2004, Appendix A, Section I A. In accordance with this document, FEMA is not required to submit projects to the SHPO for review where the work perfonned meets these allowances. Ifduring the course of work, 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 fmds. The applicant shall infonn their Public Assistance (PA) contacts at 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, 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 ofthe 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 ofArcheology at 225-342-8170) within seventy-two hours ofthe discovery. Failure to comply with these stipulations may jeopardize receipt ofFEMA funding.Dana Linck, Historic Preservation Specialist! Archaeologist 09/08/06 -The structure does not meet the 45-year-criterion, nor does it possess the level ofexceptional importance required by Criteria Consideration G ofthe National Register Guidelines to be considered eligible for the National Register of Historic Places. Therefore, the proposed work will have no effect on historic properties. E.S. Thibodeaux, HP Specialist -f.tlleIi~llUl.OJau::tmLaI:CWI.eO~~·::a.I...sJ·lte:io...w:Lth.in....:l..i..mi·Ies..ot.1Ilei..pIo;·j.eclLal::ea..aru1alI.L..lalOIlUli·ll..oiCC1lUlk'itllin..LIlltellii·ClWi~_---+___"_ Correspondence/Consultation/References: B. Endangered Species Act k8J No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) D Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. D No effect to species or designated critical habitat (See comments for justification) Are project conditions required? D Yes (see section V) D No (Review Concluded) D May affect, but not likely to adversely affect species or designated critical habitat (FEMA detenninationlUSFWSINMFS concurrence on file) (Review Concluded) Are project conditions required? D Yes (see section V) D No (Review Concluded) D Likely to adversely affect species or designated critical habitat D Fonnal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? D YES (see section V) D NO (Review Concluded) IComments: None C. Coastal Barrier Resources Act k8J Project is not on or connected to CBRA Unit or Otherwise Protected Area (Review Concluded). D Project is on or connected to CBRA Unit or Otherwise Protected Area. (FEMA detenninationlUSFWS consultation on file) D Proposed action an exception under Section 3505.a.6? (Review Concluded) D Proposed action not excepted under Section 3505.a.6. Record of Environmental Consideration 3 Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: None Correspondence/Consultation/References: D. Clean Water Act IZI 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 404/401l0r Section 9/10 (Rivers and Harbors Act) permit, including qualification under Nationwide Permits. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 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) Comments: Project is not in or adjacent to any waterways ofthe US. Corres ondence/Consultation/Re erences: IZI Project is located in a coastal zone area and/or affects the coastal zone IZI 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) Comments: This project is located within the Louisiana Coastal Management Zone. La Department ofNatural Resources has determined that receipt of federal assistance is consistent with the Louisiana Coastal Resource Program. Projects within the Coastal Zone may still require a Coastal Use Permit or other authorization from DNR. Projects may be coordinated by contacting La DNR at 1-800-267-4019. Correspondence/Consultation/References: F. Fish and Wildlife Coordination Act IZI Project does not affect, control, or modify a waterway/body of water. (Review Concluded) o Project affects, controls or modifies a waterway/body ofwater. 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) 0 NO (Review Concluded) Comments: Project is not in or adjacent to any waterways ofthe US. Correspondence/Consultation/References: G. Clean Air Act IZI Project will not result in permanent air emissions. (Review Concluded) o 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: Project will not result in permanent air emissions. Correspondence/Consultation/References: H. Farmland Protection Policy Act I:gj Project does not affect designated prime or unique farmland. (Review Concluded) o Project causes unnecessary or irreversible conversion ofdesignated prime or unique farmland. o Coordination with Natural Resource Conservation Commission required. D Farmland Conversion Impact Rating, Fonn AD-1006, 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) 181 Project located within a flyway zone. 181 Project does not have potential to take migratory birds. (Review Concluded) Are project conditions required? D Yes (see section V) 181 No (Review Concluded) 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 detennined that restoration projects funded with federal resources will not have adverse impacts on migratory birds or other fish and wildlife reserves. These detenninations are based on the understanding that the conditions outlined in the Louisiana Endangered Species Summary are met. Correspondence/Consultation/References: http://pacificflyway .govlDocurnents/Mississippi map.pdf, J. Magnuson-Stevens Fishery Conservation and Management Act 181 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 detennination/USFWSINMFS concurrence on file) D NOAA 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 181 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 detennined 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 o No Effect on FloodplainslFlood levels and project outside Floodplain -(Review Concluded) L8J 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). L8J Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment L8J 8 Step Process Complete -documentation on file Are project conditions required? L8J YES (see section V) n NO (Reyiew Concluded) Comments 08/0112006 -The City of New Orleans/Orleans Parish enrolled in the National Flood Insurance Program 08/03/1970. Per Flood Insurance Rate Map 225203 0 160e, dated 03/0111984, project is located in Zone "A4", area of 100year flood; base flood elevations and flood hazard factors detennined. Project is for building repair including repair to mechanical and electrical components. Applicant shall follow all applicable local, state and federal laws, regulations and requirements. In compliance with E.O. 11988, an 8-step process has been completed and is attached. A cumulative public notice was published in the New Orleans Times Picayune, Baton Rouge Advocate, Lafayette Daily Advertiser, Lake Charles American Press and the Hammond Star, November 7-9,2005. Relocation is not a viable alternative as it would remove critical services from the community. The building was not substantially damaged, and relocation would not be economically prudent. The most practical alternative is to repair the facility to pre-disaster design and footprint. Per 44 CFR 9.11 (d)(9), for the replacement of building contents, materials, and equipment, where possible, the building shall be disaster proofed and/or such future losses shall be eliminated by relocation ofthese building contents, materials, and equipment outside or above the advisory base floodplain elevation. Per 44 CFR 9.12, applicant must publish a fmal public notice fifteen (15) days prior to the start ofconstruction activities. Final public notice is to be forwarded to the La GOHSEP and FEMA for inclusion in the pennanent project files. Dana Mehlman, Env. Spec. Correspondence/Consultation/References: B. E.O. 11990 -Wetlands L8J No Effects on Wetland(s) and 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: C. E.O. 12898 -Environmental Justice For Low Income and Minority Populations t8l No Low income or minority population in, near or affected by the project -(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) 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 environmentallaw8 and Executive Orders, and in consideration of other environmental factors, review the project for extraordinary circumstances. • A "Yes" UDder any circllmstance may require all Enviz:onwental .4l1l1eiiment (S.4..f-w.i.t,Il tile eX4:eptigo gfoo-waiGlt----. 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 o (i) Greater scope or size than nonnally 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 ofendangered 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 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: None V. Environmental Review Project Conditions Project Conditions: 1. Applicant shall follow all applicable local, state and federal laws, regulations and requirements. Per 44 CFR 9.11 (d)(9), for the replacement of building contents, materials, and equipment, where possible, the building shall be disaster proofed and/or such future losses shall be eliminated by relocation of these building contents, materials, and equipment outside or above the advisory base floodplain elevation. Per 44 CFR 9.12, applicant must publish a final public notice fifteen (15) days prior to the start of construction activities. Final public notice is to be forwarded to the La GOHSEP and FEMA for inclusion in the permanent project files. Record of Environmental Consideration 7 09/08/06 2. If during the course of work, unmarked graves are discovered, 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 seventy-two hours ofthe discovery. If this scope of work and/or the footprint/location ofthe new buildings change, this project will need to be resubmitted for further Section 106 review prior to ground disturbing activities taking place outside ofthe pre-disaster footprint ofthe building and additional archaeological testing will be required. 3. Unusable equipment, debris and material shall be disposed of in an approved manner and ~----. "···---frlo11"c~a:tti;iO""lrr1.-trltrltlml'"IiTitij1O!lSCr"lonvl'l"el1"lre:srdhdmunrnon'n'ITg'-- HoI""c"e""v'PeII'TlIlhSri-igfjr...c""wn1lt-ijnle"1'1lImlsn(frOn'I"eruvrridI-Pc'"Ill"'1ce..-tttll'lJ'el'f"lre:sroTfi)"r-1:I1arl'l'c"dimplementation ofthe project applicant shall handle, manage, and dispose ofpetroleum products, hazardous materials and/or toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. 4. Mercury containing devices -this project potentially involves the disposal of metallic mercury containing electronic devices. The applicant is responsible for ensuring that these devices are recovered, recycled, reused or sequestered in accordance with the Louisiana Department of Environmental Quality (LDEQ) "Declaration of Emergency; Mercury-containing Devices and Electronic Equipment as Universal Waste" letter dated October 3, 2005. 5. Removal and disposal ofdebris containing household hazardous waste and certain categories of liquid wastes must be performed in accordance with all applicable federal and state laws, regulations, executive orders and guidelines. LAC Title 33 Part vii requires that specified items, including lead acid batteries, used oil filters, used motor oil, scrap tires, cfc1s (refrigerants), radioactive waste or regulated infectious wastes must be segregated from and excluded from non-hazardous debris collection, staging, processing and disposal sites. Failure to comply with applicable legal requirements in debris collection and/or disposal operations will jeopardize federal funding. The clean-up or restoration/repair ofsites damaged as a result of such operations are ineligible for federal funding. Previously obligated funding is subject to de-obligation if a determination of ineligibility is made. 6. In accordance with the Formosan Termite Initiative Act, (La R.S. 3:3391.1 thru 3391.13) the Louisiana Parishes of Calcasieu, Cameron, Jefferson Davis, Orleans, Jefferson, Plaquemines, S1. Bernard, st. Charles, St. John the Baptist, St. Tammany, Tangipahoa and Washington are 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). 7. This project involves the demolition or renovation ofa public structure that may contain surfaces coated with lead-based paint (LBP). Activities involving abrading (sanding, scraping, etc.), heating, stripping, or otherwise concentrating LBP shall comply with applicable Record of Environmental Consideration 8 09/08/06 provisions of 29 CFR Parts 1910 and 1926 (OSHA -Worker Safety), and 40 CFR 260 through 268 (EPA -Hazardous Waste). The applicant is responsible for ensuring that renovation or demolition activities are coordinated with the Louisiana Department of Environmental Quality for abatement activities and is also responsible for ensuring proper disposal in accordance with the previously referenced regulations. 8. This project involves the demolition or renovation ofa public structure. Regardless of the asbestos content, the applicant is responsible for ensuring that renovation or demolition activities are coordinated with the Louisiana Department of Environmental Quality (LDEQ) in accordance with the LDEQ "Sixth Amended Declaration of Emergency and Administrative Order" dated June 30, 2006, incorporating the provisions of EPA's National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Louisiana Administrative Code (LAC) 33.II1.5151 and Chapter 27. Should asbestos containing materials (ACMs) be present at the ~,~.--,-.~,~ '---npt"O...r1eP'lc.... it'Pc,""1t}t+1llPprnplTlicr"lm;nTtlt;,iscnrlalh:sO~le~Si!T"pmOlT1n~simbrhle.-:tifrolT'r-peTTns~m-mriITClgnpmr"nolT1pF'1elndirfi'f'qspo"",s~alrH'1in"'amCCr!l'Tul'l"lrdanmrrll'cFe"wtnjttthnththP:e t-.::sife"'!:lam previously referenced administrative order. Monitoring Requirements: None