Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL --LOUISIANA April2007 See 44 Code of Federal Regulation Part 10 Project NamelNumber: Engine 14 Fire Station/ PW 1840 Version 11 FIPS 071-55000-00 Applicant Name: Orleans Parish Project Location: 200 South Robertson St., New Orleans, Orleans Parish, Louisiana (29.9575N, 90.0777W) Project Description: Engine 14 Fire Station was damaged by strong winds and flooding caused by Hurricane Katrina. This version was written to add additional work and a Hazard Mitigation Proposal (HMP) to the original PW. The added repairs in this version include demolishing and replacing 6,035 square feet of builtup roof, cleaning 112 feet of 8 inch drain line, removing and replacing five feet of 5 inch and 7 inch gutters, removing and replacing five feet of 5 inch drip edges, removing and replacing one 16 inch by 16 inch roof exhaust fan, and cleaning 20 feet of clogged gutters and downspouts. The HMP is for elevating the condensing units and water heater and vertically bracing the overhead door. National Environmental Policy Act (NEP A) Determination D Statutorily excluded from NEPA review (Review Concluded) D Progranunatic Categorical Exclusion -Category (Reference PCE in comments) (Review Concluded) D 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 D Supplemental Environmental Assessment (Reference EA or PEA in comments) [8J Environmental Impact Statement D Scope of work requires public involvement plan Comments: This project meets the definition of critical infrastructure (permanent police and fire stations) under the Alternative Arran ements for NEPA com liance. D Project is Non-Compliant (see attached documentation justifying selection). Reviewer and Approvals FEMA Environmental Reviewer: Name: Nicole Poret, Environmental Specialist Signature ~f~ Date --=--5!....-'-/'7~/-",,-Dl-f------'FEMA Environmental Liaison Officer or Delegated Approving Official: Signature;;;;z!.~~~~~~~T~~__Date 6 -/7=-0]: I. eVlew for Environmental Laws (other than NEPA) Record ofEnvironmental Consideration (Version April 2007) Name: Bridget Zacha ,Delegated Approving Official, FEMA LA TRO ....,.n:wt:r l~lIme: i'4ICOIe t'Qret Project NamelEnv Database No: Engine 14 Fire Station! PW 1840 Version I FEMA-160J/1607-DR-LA Parish: Orleans A. National Historic Preservation Act (NHP A) [gI Not type of activity with potential to affect historic structures or archaeological resources (Review Concluded) o Activity meets Programmatic Agreement, December 3, 2004. Appendix A: Allowance No. Are project conditions required? D Yes (see Section V) D 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 insert date of P A applies HISTORIC BUILDINGS AND STRUCTURES [gI 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 of No Historic Properties Affected (FEMA findingiSHPO/THPO concurrence on file) Are project conditions required? D Yes (see Section V) 0 No (Review Concluded) D Determination of Historic Properties Affected (FEMA findingiSHPOITHPO 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 fmdingiSHPO/THPO concurrence on file) Are project conditions required? 0 Yes (see Section V) D No (Review Concluded) o Adverse Effect Determination (FEMA findingiSHPOITHPO concurrence on file) D Resolution of Adverse Effect completed (MOA on file) Are project conditions required 0 Yes (see Section V) D No (Review Concluded) ARCHEOLOGICAL RESOURCES D Project scope of work has no potential to affect archeological resources (Review Concluded) [gI Project affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground or grounds associated with an historic structure o Project area has no potential for presence of archeological resources D Determination of no historic properties affected (FEMA findingiSHPO/THPO concurrence on file) (Review Concluded) o Project area has potential for presence of archeological resources o Determination of no historic properties affected (FEMA finding/SHPO/THPO 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 fmdingiSHPO/THPO concurrence on file) Are project conditions required 0 Yes (see Section V) D No (Review Concluded) o NR eligible resources present in project area (FEMA fmding/SHPOITHPO concurrence on file) o No Adverse Effect Determination (FEMA findingl SHPOITHPO concurrence on file) Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) o Adverse Effect Deterlnination (FEMA findingiSHPOITHPO concurrence on file) D Resolution of Adverse Effect completed (MOA on file) Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) Comments: The structure(s) does not meet the 50-year-criterion, nor does it possess the level of exceptional importance required by Criteria Consideration G of the National Register guidelines to be considered eligible for the National Register of Historic Places. Scope of work indicates ground disturbing activities associated with [elevating condensing units, vertical bracing, and elevating water heater]. Upon consultation of data provided by the State Historic Preservation Office (SHPO), there are no known archaeological sites within .25 miles of the project area and all work will occur within a previously disturbed area. Therefore, the scope of work as submitted meets the criteria outlined in the Programmatic Agreement dated December 3, 2004; Appendix A, Section [II-A-2, II-A-4, II-B-I, II-C, II-E-l, and II-H] and the proposed work should not affect historic properties. In accordance with this document, FEMA is not required to submit projects to the SHPO for review where the work performed meets these allowances. If during 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 SHPQ. 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 Record of Environmental Consideration (Version April 2007) ....u ..,..,,' "lUlU:; l'IIWle roret Project NamelEnv Database No: Engine 14 Fire Stationl PW 1840 Version I FEMA-1603/1607-DR-LA Parish: Orleans notify the law enforcement agency of the jurisdiction where the remains are located within twenty-four hours of the discovery. The applicant shall also notify FEMA and the Louisiana Division of Archaeology at 225-342-8170 within seventy-two hours ofthe discovery. If this scope ofwork 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 offederal funding. Correspondence/ConsultationIReferences: NHP A effect determinations made by Chelsea Klein, FEMA Historic Preservation Specialist. B. Endangered Species Act ~No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) oListed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. oNo effect to species or designated critical habitat. (See comments for justification) Are project conditions required? D Yes (see Section V) 0 No (Review Concluded) oMay 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) D NO (Review Concluded) Comments: Correspondence/ConsultationIReferences: Endangered Species Summary for USFWS Consultation, letter to Don Fairley from USFWS dated September 15,2005 C. Coastal Barrier Resources Act ~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) oProposed action an exception under Section 3505.a.6 (Review Concluded) o Proposed action not excepted under Section 3505.a.6. Are project conditions required? D YES (see Section V) D NO (Review Concluded) Comments: Correspondence/Consultation/References: Louisiana Coastal Barrier Resource System Maps referenced April 25, 2007. D. Clean Water Act ~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) D Project requires Section 404/401 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) D NO (Review Concluded) o Project would affect waters of the U.S. by discharging to a surface water body. Comments: Correspondence/Consultation/References: USFWS National Wetlands Inventory map (http://www.fws.gov/nwil) queried on May 15,2007. E. Coastal Zone Management Act oProject is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) ~Project is located in a coastal zone area and/or affects the coastal zone oProject would disturb <1 acre, state administering agency does not require consistency review. (Review Concluded). o Project triggers the Clean Water Act or could affect a waterway, state administering agency requires consistency review. Record of Environmental Consideration (Version April 2007) ftc,"n:;wtT l'UtlIU:; l"lCOle t'orer Project NamefEnv Database No: Engine 14 Fire Station! PW 1840 Version I FEMA-160Jf1607-DR-LA Parish: Orleans Are project conditions required? YES (see Section V) IZJ NO (Review Concluded) Comments: This project is located within the Louisiana Coastal Management Zone. Louisiana Department of Natural Resources (LDNR) has determined that receipt offederaI assistance is consistent with the Louisiana Coastal Resource Program. This project is repair to predisaster with a mitigation proposal and will not affect coastal waters. Correspondence/ConsultationlReferences: Louisiana Coastal Zone maps queried May 15, 2007 F. Fish and Wildlife Coordination Act ~Project does not affect, control, or modify a waterwaylbody of water. (Review Concluded) o Project affects, controls or modifies a waterwaylbody of water. D Coordination with USFWS conducted DNo Recommendations offered by USFWS. (Review Concluded) D Recommendations provided by USFWS. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: Correspondence/Consultation/References: Nicole Poret, Environmental Specialist G. Clean Air Act ~Project will not result in permanent air emissions. (Review Concluded) o 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? 0 YES (see section V) 0 NO (Review Concluded) Comments: Correspondence/Consultation/References: EPA Region 6 Non-attainment Map, Nicole Poret, Environmental Specialist H. Farmland Protection Policy Act ~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) o 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) 0 NO (Review Concluded) I. Migratory Bird Treaty Act o Project not 100cated within a flyway zone (Review Concluded) ~Project located within a flyway zone. ~Project does not have potential to take migratory birds (Review Concluded) Are project conditions required? D Yes (see section V) IZJ No (Review Concluded) D Project has potential to take migratory birds. o Contact made with USFWS Are project conditions required? D YES (see section V) D 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. J. Magnuson-Stevens Fishery Conservation and Management Act [8J Project not located in or near Essential Fish Habitat (Review Concluded) Record of Environmental Consideration (Version April 2007) l'Cl'ICWC" punut:; 1'11COle rOre( Project NamelEnv Database No: Engine 14 Fire Station/ PW 1840 Version I FEMA-1603/1607-DR-LA Parish: Orleans 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) o 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: Nicole Poret, Environmental Specialist K. Wild and Scenic Rivers Act [81 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 NPSIUSFS. FEMA cannot fund the action. (NPSIUSFSIUSFWSIBLM consultation on file) (Review Concluded) o Project does not adversely affect WSR. (NPSIUSFSIUSFWSIBLM consultation on file) Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: Correspondence/Consultation/References: National Wild and Scenic Rivers http://www.nps.gov/rivers/wildriversliSt.html. L. Resource Conservation and Recovery Act Comments: 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 and/or toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Correspondence/Consultation/References: Nicole Poret, Environmental Specialist 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 thm 3391.13) the Louisiana Parishes of Calcasieu, Cameron, Jefferson Davis, Orleans, Jefferson, Plaquemines, St. Bernard, St. Charles, St. John the Baptist, St. Tammany, Tangipahoa and Washington are 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 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 FloodplainslFlood levels and project outside Floodplain -(Review Concluded) [81 Located in Floodplain or Effects on Floodplains/Flood levels [81 No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), Are project conditions required? [8J Yes (see Section V) 0 No (Review Concluded) o Beneficial Effect on Floodplain Occupancy/V alues (Review Concluded). o Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment o 8 Step Process Complete -documentation on file Record of Environmental Consideration (Version April 2007) rroJcct Name/l!.nv Uatallase No: Engine 14 Fire Station/ PW 1840 Version I FEMA-160J/1607-DR-LA Parish: Orleans Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) o A Final Public Notice is required Comments: The city of New Orleans/Orleans Parish enrolled in the National Flood Insurance Program (NFIP), as of 8/3170. Site is located within an "A I" zone, area of 100-yr flooding, base flood elevation determined, as per Flood Insurance Rate Map (FIRM) panel number 2252030160 E, dated 3/1184. Project is repair of bUilding. This is a designated critical facility. New construction must coordinate and comply with local floodplain ordinances, and be built to current codes and standards. Applicant is required to coordinate with the local floodplain administrator regarding floodplain permit(s) prior to the start of any activities. Applicant is responsible for obtaining and retaining all permits and certificates for verification. All coordination pertaining to these permit(s), should be documented to the local floodplain administrator and copies provided to the Louisiana Governor's Office of Homeland Security and Emergency Preparedness (LA GOHSEP) and FEMA as part of the permanent project files. In compliance with E.O.11988, an 8-step process, showing considered alternatives, was completed and is attached. Replacement ofthe building must be elevated to or above the Advisory Base Flood Elevation (ABFE). Elevation information, signed and sealed by a licensed surveyor, engineer, or architect must be obtained and filed for verification of compliance. 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 ABFE per the ABFE maps. Per 44 CFR 9.12, applicant must publish a final public notice 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. CorrespondenceiConsultationJReferences: June R. Griffin, FPM Specialist B. E.O. 11990 -Wetlands I2J 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? D YES (see Section V) D NO (Review Concluded) Comments: Correspondence/ConsultationiReferences: USFWS NWI map accessed on-line May 15,2007. C. E.O. 12898 -Environmental Justice for Low Income and Minority Populations I2J 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 [add a reference] (Review Concluded) o Low income or minority population in or near project area D 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? YES (see Section V) D NO (Review Concluded) 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: Although this project qualifies for Alternative Arrangements, a public involvement plan is not necessary. Corres ondence/ConsultationiRe erence: IV. Extraordinary Circumstances Record of Environmental Consideration (Version April 2007) n.e~u:wn l''1l1me: l'lICOle t'oreI Project NamefEnv Database No: Engine 14 Fire Stationf PW 1840 Version I FEMA-1603f1607 -DR-LA Parish: Orleans 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 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 of the proposed action may not be significant by themselves. IComments: Project Conditions: v. Environmental Review Project Conditions This project must comply with all conditions of the attached Programmatic Categorical Exclusion. In addition, the following conditions apply as a condition of FEMA funding reimbursement: 1. If during 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 turn contact FEMA Historic Preservation (HP) staff. The applicant will not proceed with work until FEMA HP completes consultation with the SHPO. In addition, iftmmarked 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 of the discovery. The applicant shall also notifY FEMA and the Louisiana Division of Archaeology at 225-342-8170 within seventy-two 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. 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 and/or toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. 3. In accordance with the Formosan Termite Initiative Act, (LA RS. 3:3391.1 thru 3391.13) the Louisiana Parishes of Calcasieu, Cameron, Jefferson Davis, Orleans, Jefferson, Plaquemines, S1. Bernard, S1. Charles, S1. 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). 4. New construction must coordinate and comply with local floodplain ordinances, and be built to current codes and standards. Applicant is required to coordinate with the local floodplain administrator regarding floodplain permit(s) prior to the start of any activities. Applicant is responsible for obtaining and retaining all permits and certificates for verification. All coordination pertaining to these permit(s), should be documented to the local floodplain administrator and copies provided to the Louisiana Governor's Office of Homeland Security and Emergency Preparedness (LA GOHSEP) and Record of Environmental Consideration (Version Apri12007) Rt;UCn'CI naun:; !'IlvUIC rorel Project NamelEnv Database No: Engine 14 Fire Stationl PW 1840 Version 1 FEMA-1603/1607 -DR-LA Parish: Orleans FEMA as part of the pennanent project files. In compliance with E.O.11988, an 8-step process, showing considered alternatives, was completed and is attached. Replacement of the building must be elevated to or above the Advisory Base Flood Elevation (ABFE). Elevation infonnation, signed and sealed by a licensed surveyor, engineer, or architect must be obtained and filed for verification of compliance. 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 ABFE per the ABFE maps. Per 44 CFR 9.12, applicant must publish a final public notice 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. Record ofEnvironmental Consideration (Version April 2007)