Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL -LOUISIANA -April 2007 See 44 Code of Federal Regulation Part to Project NamelNumber: th District New Orleans Police Department Station House / PW 12357-5 FIPS#: 071-55000-00 Applicant Name: City of New Orleans Project Location: 10101 Dwyer Road, New Orleans, Louisiana 70127, Orleans Parish Latitude: 30.02750, Longitude: -89.99665 Project Description: Hurricane Katrina made landfall in New Orleans, LA on August 28-29, 2005, causing high winds, flooding and flying debris that damaged the above referenced facility. The District 7 Station House, built in 1992, is a 9,610 SF, I-story structure with a pitched metal roof, slab on grade foundation, brick veneer facade, and structural steel frame. Floodwaters from Hurricane Katrina rose to 4.5 feet inside the building and remained for 3 weeks. High winds damaged the roof. Due to a recent site visit coordinated with the City, this project has been reviewed and it has been found that the original Project Worksheet (PW) and subsequent versions did not factor the full scope of work nor address the reasonable cost estimates to perform the work. 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 o Statutorily excluded from NEPA review (Review Concluded) o Programmatic Categorical Exclusion -Category (Review Concluded) I3l Categorical Exclusion -Category xii and xv I3l No Extraordinary Circumstances exist. Are project conditions required? I3l Yes (see section V) 0 No (Review Concluded) 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 Alternative Arrangements o Public Involvement Plan on file (see comments below) o Environmental Assessment o Supplemental Environmental Assessment (Reference EA or PEA in comments) o Environmental Impact Statement Comments: Based on information provided by the applicant, the scope of work for this project is categorically excluded from the preparation of an Environmental Impact Statement or Environmental Assessment under 44 CFR Part 10.8 (d)(2)(xii) and (xv). Any changes to this approved scope ofwork 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 requirements noted above may jeopardize the receipt of federal funding. D Project is Non-Compliant (see attached documentation justifYing selection). Reviewer and Approvals FEMA Environmental Reviewer: Name: Brandon M. Clark, Environmental Specialist, FEMA LA TRO Signature __ -'----"=--_--'-M--'-_,-,~",-==t..~__ Y.--c:-18_f'-'-!..-f_o_4__ ~+>--. Date__ FEMA Environmental Liaison Officer or Delegated Approving Official: Name: Cynth7L'aT ter Depu Envi nmental Liaison Officer, FEMA LA TRO (If Signature ---.:~~~:::.......J~~~~______ Date Lf -~.;;J -&! I. Compliance Review for Environmental Laws (other than NEPAl A. National Historic Preservation Act (NHPA) oNot type of activity with potential to affect historic structures or archaeological resources (Review Concluded) ~Activity meets Programmatic Agreement, December 3,2004. Appendix A: Programmatic Allowances, Item I, Section A and Item II, Section B, number 1 Are project conditions required? ~Yes (see Section V) 0 No o Programmatic Agreement not applicable for historic structures or archeological sites, must conduct standard Section 106 Review (see below). o Other Programmatic Agreement dated applies HISTORIC BUILDINGS AND STRUCTURES o No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) ~Building or structure listed or 45/50 years or older in project area and activity not exempt from review. ~Determination of No Historic Properties Affected (FEMA finding/SHPOrrHPO concurrence on file) Are project conditions required? ~Yes (see Section V) 0 No (Review Concluded) Determination ofHistoric Properties Affected (FEMA finding/SHPOITHPO concurrence on file) o Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. Ifnot, explain in comments o No Adverse Effect Determination (FEMA finding/SHPOITHPO concurrence on file) Are project conditions required? 0 Yes (see Section V) No (Review Concluded) o Adverse Effect Determination (FEMA finding/SHPOITHPO concurrence on file) o Resolution of Adverse Effect completed (MOA on file) Are project conditions required 0 Yes (see Section V) No (Review Concluded) ARCHEOLOGICAL RESOURCES o Project scope of work has no potential to affect archeological resources (Review Concluded) ~Project affects only previously disturbed ground. (Review Concluded) o Project affects undisturbed ground or grounds associated with a historic structure Project area has no potential for presence of archeological resources o Determination of no historic properties affected (FEMA finding/SHPOITHPO concurrence on file) (Review Concluded) o Project area has potential for presence of archeological resources o Determination of no historic properties affected (FEMA finding/SHPOITHPO concurrence on file) Are project conditions required 0 Yes (see Section V) 0 No (Review Concluded) o Determination of historic properties affected o NR eligible resources not present (FEMA finding/SHPOrrHPO concurrence on file) Are project conditions required 0 Yes (see Section V) No (Review Concluded) o NR eligible resources present in project area (FEMA finding/SHPO/THPO concurrence on file) o No Adverse Effect Determination (FEMA finding/ SHPOITHPO concurrence on file) Are project conditions required? 0 Yes (see Section V) No (Review Concluded) o Adverse Effect Determination (FEMA finding/SHPOITHPO concurrence on file) o Resolution of Adverse Effect completed (MOA on file) Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) Comments: A review of this project was conducted in accordance FEMA's Programmatic Agreement dated December 3, 2004. The structure does not meet the SO-year-criterion or criteria consideration G of the National Register guidelines to be considered eligible for the National Register of Historic Places. Ground disturbing activities include demolition, slab removal, and replacement of this facility as well as raising the police station standby generator. Data provided by the State Historic Preservation Office (SHPO) indicates that there are no known archaeological sites within the project area and all work will occur within a previously disturbed area. The scope of work meets the criteria in FEMA's Programmatic Agreement (PA) dated December 3, 2004, Appendix A: Programmatic Allowances, Item I, Section A and Item II, Section B, number I. In accordance with this PA, FEMA is not required to consult with the SHPO where work performed 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: Hanan Browning, ArchaeologistlHP Specialist B. Endangered Species Act IZI No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) o Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. o No effect to species or designated critical habitat. (See comments for justification) Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) o May affect, but not likely to adversely affect species or designated critical habitat (FEMA determinationlUSFWSINMFS 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 Formal 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 determined in letters dated September IS, 200S for Katrina. C. Coastal Barrier Resources Act IZI 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 determinationlUSFWS 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/Consultation/References: Louisiana Coastal Barrier Resource System Maps referenced April 22, 2009 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 404/40 I of Clean Water Act or Section 9/10 of Rivers and Harbors Act permit, including qualification under Nationwide Permits. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) o Project would affect waters of the 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/nwi/) queried on April 22, 2009 E. Coastal Zone Management Act D Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) [: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). D State administering agency requires consistency review. Are project conditions required? YES (see section V) D NO (Review Concluded) Comments: This project is located within the Louisiana Coastal Management Zone. Projects within the coastal zone may require a coastal use permit 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 April 22, 2009 F. Fish and Wildlife Coordination Act [:8J Project does not affect, control, or modifY a waterwaylbody of water. (Review Concluded) D Project affects, controls, or modifies a waterwaylbody of water. D Coordination with USFWS conducted D No Recommendations offered by USFWS. (Review Concluded) D Recommendations provided by USFWS. Are project conditions required? D YES (see Section V) NO (Review Concluded) Comments: Project scope does not include impoundment, diversion, control, or other modification of waters of any stream or body of water. Correspondence/Consultation/References: Louisiana Map (http;llwwwlamap.doa.louisiana.gov/) queried April 22, 2009 G. Clean Air Act D Project will not result in permanent air emissions. (Review Concluded) [:8J Project is located in an attainment area. (Review Concluded) D Project is located in a non-attainment area. D Coordination required with applicable state administering agency. Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: 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-term 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) D Project has a zoning classification that is other than agricultural or is in an urbanized area. (Review Concluded) D Project does not affect designated prime or unique farmland. (Review Concluded) D Project causes unnecessary or irreversible conversion of designated prime or unique farmland. D Coordination with Natural Resources Conservation Service required. D Farmland Conversion Impact Rating, Form AD-I006, completed. Are project conditions required? D YES (see section V) D 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 (http;llwebsoilsurvev.nrcs.usda.gov/app/) referenced April 22, 2009 I. Migratory Bird Treaty Act D Project not located within a flyway zone (Review Concluded) [:8J Project located within a flyway zone. [:8J Project does not have potential to take migratory birds (Review Concluded) Are project conditions required? D Yes (see section V) [:8J No (Review Concluded) 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) Record of Environmental Consideration (Version April 2007) 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. J. Magnuson-Stevens Fishery Conservation and Management Act r8J 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? 0 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 April 2009 K. Wild and Scenic Rivers Act r8J Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) o Project is along or affects WSR o Project adversely affects WSR as determined by NPS/uSFS. FEMA cannot fund the action. (NPS/uSFS/uSFWS/BLM consultation on file) (Review Concluded) o Project does not adversely affect WSR. (NPS/uSFS/uSFWS/BLM consultation on file) Are project conditions required? 0 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) and/or 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 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). II. Compliance Review for Executive Orders A. E.O. 11988 -Floodplains o No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) r8J Located in Floodplain or Effects on Floodplains/Flood 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 Occupancy/Values (Review Concluded). Comments: None 121 Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment 121 8 Step Process Complete -documentation on file Are project conditions required? 121 YES (see Section V) D NO (Review Concluded) D A Final Public Notice is required Comments: The City of New Orleans 1Orleans 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 22071COl40F 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 121 No Effects on Wetland(s) and/or project located outside Wetland(s) -(Review Concluded) D Located in Wetland or effects Wetland(s) D Beneficial Effect on Wetland -(Review Concluded) D Possible adverse effect associated with constructing in or near wetland D Review completed as part of floodplain review D 8 Step Process Complete -documentation on file Are project conditions required? D YES (see Section V) D NO (Review Concluded) Comments: None Correspondence/Consultation/References: USFWS NWI map accessed on-line April 22, 2009 C. E.O. 12898 -Environmental Justice for Low Income and Minority Populations D Project scope ofwork has no potential to adversely impact any population (Review Concluded) D No Low income or minority population in, near or affected by the project based on information gathered from http://factfinder.census.gov. (Review Concluded) 121 Low income or minority population in or near project area 121 No disproportionately high and adverse impact on low income or minority population (Review Concluded) D Disproportionately high or adverse effects on low income or minority population ' Are project conditions required? D YES (see Section V) D NO (Review Concluded) Comments: The populations within zip code 70127 are: 11.3% White, 85.6% Black, and 1.6% Hispanic or Latino (of any race). The median household income in 1999 was $36,625 and 15.3% of families are below poverty leveL Correspondence/Consultation/References: U.S. Census bureau 2000 data at http://factfinder.census.gov, referenced April 22,2009 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). Corres ondence/Consultation/Re erence: IV. Extraordinary Circumstances Yes D (i) Greater scope or size than normally experienced for a particular category of action D (ii) Actions with a high level of public controversy D (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; D (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 o Ox) Potential to violate a federal, state, local or tribal law or requirement imposed for the protection ofthe 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 of the 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 ofthe 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 of the discovery. If this scope of work and/or the footprint/location of the 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.II(d) (9), the replacement of building contents, materials and equipment, where possible, disaster proofing of the building and/or elimination of such 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 of the 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).