Reviewer Name: Adam Borden, Environmental Specialist Project Name/Env. Database No: Loyola University-Music Communications FEMA-1603/1607-DR-LA PW#8315 Parish: Orleans Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL -LOUISIANA -2006 See 44 Code of Federal Regulation Part 10 Project Name/Number: Loyola University-Music Communications / PW#8315 FIPS#000-UMQEE-00 Project Location: 6363 St. Charles Ave., Box 11, New Orleans, LA 70118, Orleans Parish Latitude: 29.93358, Longitude: -90.12096 Project Description: Heavy rains and high winds from Hurricane Katrina (DR-1603) caused significant exterior and interior damage to the Loyola University-Music Communications building. This pw reimburses the eligible applicantfor repair and/or removal/replacement ofceiling tiles, gypsum drywall, and carpeting. Hazard mitigation will be achieved by sealing windows and doors in all areas where damages by leaking windows/doors occurred. Atotal ofapproximately twenty-five6'x10'windowsandtwelve3'x7'doorsaresuspectforwaterintrusionandare included inthisproposal.All workwillbeperformed inapreviouslydisturbed areawith no indicationofnearbywaterwaysorotherbodiesofwater. Documentation Requirements • (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) £3 (Long version) All applicable laws and executive orders were reviewed. Additional information for compliance is attached tothisREC and/or included inproject files, asapplicable. National Environmental Policy Act (NEPA) Determination • Statutorily excluded from NEPA review. (Review Concluded) • Programmatic Categorical Exclusion -Category (Reference PCE in comments) (Review Concluded) l~~l Categorical Exclusion -Category l~| No Extraordinary Circumstances exist. Are project conditions required? • Yes (see section V) • No (Review Concluded) • Extraordinary Circumstances exist (See Section IV). • Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? • Yes (see section V) • No (Review Concluded) Environmental Assessment • Supplemental Environmental Assessment (Reference EA or PEA in comments) ^ Environmental Impact Statement Comments: This project meets the criteria for the alternative arrangement, permanent school, type ofproject. This projecthas conditions and requires mitigation under the other EHP laws. Reviewer and Approvals LJ Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer: Name: Adam Bord&i, FEMA-»Environmental Specialist Signature JPL— P~-\^ - Date /-ll~Q& Record of Environmental Consideration (Version 07/19/06) Reviewer Name: Adam Borden, Environmental Specialist Project Name/Km. Database No: Loyola University-Music Communications FEMA-1603/1607-DR-LA PW#8315 Parish: Orleans FEMA Regional Environmental Officer or Delegated Approving Official: Name: Don Fairley, Environmental Liason Officer Signature 7*T^^ S^ g__ Date "? •i *?-d<<» . I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act (NHPA) £3Not type ofactivity with potential to affect historic properties. • Activity meets Programmatic Agreement, December 3,2004. Appendix A: II-A,B,C, &F Are project conditions required? • Yes (see Section V) • No • Programmatic Agreement not applicable, must conduct standard Section 106 Review. HISTORIC BUILDINGS AND STRUCTURES ^ 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 ofNo Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? • Yes (see Section V) ^No (Review Concluded) • Determination ofHistoric Properties Affected (FEMA finding/SHPO/THPO concurrence on file) • Property aNational Historic Landmark and National Park Service was provided early notification duringthe consultationprocess.If not, explainincomments • No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required? • Yes (see Section V) • No (Review Concluded) • Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file) • Resolution ofAdverse Effect completed. (MOA on file) Are project conditions required D Yes (see Section V) • No (Review Concluded) ARCHEOLOGICAL RESOURCES ^ Project affects only previously disturbed ground. (Review Concluded) LJ Projectaffects undisturbed ground. • Project area has nopotential for presence ofarcheological resources • Determination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence or consultation on file). (Review Concluded) LJ Project area has potential for presence ofarcheological resources • Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required • Yes (see Section V) fj No (Review Concluded) LJ Determination of historic properties affected • NR eligible resources not present (FEMA finding/SHPO/THPO concurrence on file). Areproject conditions required LJYes(seeSection V) • No (Review Concluded) • NR eligible resources present in project area. (FEMA finding/ SHPO/THPO concurrence on file) • No Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) Are project conditions required? [j Yes (see Section V) • No (Review Concluded) • Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) • Resolution ofAdverse Effect completed. (MOA on file) Areprojectconditionsrequired?LJYes(seeSectionV)• No (Review Concluded) Comments: PerNEMIS specialconsiderations,this facility wasbuiltin 1986. Correspondence/Consultation/References: B. Endangered Species Act Record of Environmental Consideration (Version 07/19/06) Reviewer Name: Adam Borden, Environmental Specialist ProjectName/Env. Database No: Loyola University-Music Communications FEMA-1603/1607-DR-LA PW#8315 Parish: Orleans ^ No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) • Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. LJ" No effect to species or designated critical habitat. (See comments for justification) Are project conditions required? • Yes (see Section V) • No(Review Concluded) • May affect, but not likely to adversely affect species ordesignated critical habitat (FEMA determination/USFWS/NMFS concurrence on file) (Review Concluded) Are project conditions required? • Yes (see Section V) LJ No (Review Concluded) • Likely to adversely affect species or designated critical habitat LJ Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? • YES (see Section V) • NO(Review Concluded) Comments: Projectislocatedinanurbanorpreviouslydeveloped area. Neitherlistedspeciesnortheir habitatoccurinor nearthissite,thus FEMAfinds therewillbenoeffecttothreatenedorendangeredspecies. Correspondence/Consultation/References: USFWSemergencyconsultation provisionsdeterminedinlettersdated September 15,2005 for Katrina. C. Coastal Barrier Resources Act ^ Projectisnotonor connectedtoCBRAUnitorOtherwiseProtectedArea (Review Concluded). • Project is on orconnected toCBRA Unit orOtherwise Protected Area. (FEMA determination/USFWS consultation on file) J Proposed action an exception under Section 3505.a.6 (Review Concluded) Lj Proposed action not excepted under Section 3505.a.6. Are project conditions required? • YES (see Section V) • NO(Review Concluded) Comments: Project is not within a CBRA zone. Correspondence/Consultation/References: Louisiana Coastal BarrierResource System Mapsreferenced 07/19/06. D. Clean Water Act [x] Project would not affect any waters ofthe U.S. (Review Concluded) [j Project would affect waters, including wetlands, ofthe U.S. J"Projectexemptedasinkindreplacementorotherexemption. (ReviewConcluded) • Project requires Section 404/401/or Section 9/10 (Rivers and Harbors Act) permit, including qualification under Nationwide Permits. Are project conditions required? • YES (see Section V) • NO(Review Concluded) Comments: NojurisdictionalwatersoftheU.S.,includingwetlands, occurinorneartheprojectarea. Correspondence/Consultation/References: USFWS National Wetlands Inventory map (http://www.fws.gov/nwi/) queried on 07/19/06. E. Coastal Zone Management Act • Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) [3 Project islocated ina coastal zone area and/or affects thecoastal zone £3 State administering agency does not require consistency review. (Review Concluded). I IState administering agency requires consistency review. Are project conditions required? LJ" YES (see Section V) • NO (Review Concluded) Comments: ThisprojectislocatedwithintheLouisianaCoastalManagement Zone.LADepartmentofNatural Resources (DNR) has determinedthatreceiptof federal assistanceisconsistentwiththeLouisianaCoastalResource Program. Projects withinthecoastalzonemaystillrequireacoastalusepermitorotherauthorizationfromDNR. Projectsmaybe coordinated by contacting LA DNR at 1-800-276-4019. Correspondence/Consultation/References: LDNR Louisiana Coastal Zone map 2002. F. Fish and Wildlife Coordination Act ^ Projectdoesnotaffect,control,ormodifyawaterway/bodyofwater. (ReviewConcluded) I IProject affects controls ormodifies awaterway/body ofwater. Record of Environmental Consideration (Version 07/19/06) ?*wer^»,",™e«Ad'm ?orden' Environmental SpecialistFEMA-1603/1607-DR-LA Project Name/Env. Database No: Loyola University-Music Communications PW#8315PW#831 Parish: Orleans D Coordination with USFWS conducted P No Recommendations offered by USFWS. (Review Concluded) D Recommendations provided by USFWS. Are project conditions required? • YES (see Section V) D NO (Review Concluded) Comments: No streams orwater bodiesarelocated inor neartheproject area. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.gov/) queried 07/19/06. G. Clean Air Act • Project will not result in permanent air emissions. (Review Concluded) El Project islocated inan attainment area. (Review Concluded) LJ" Project islocated ina non-attainment area. • Coordination required with applicable state administering agency. Are project conditions required? • YES (see section V) Q NO (Review Concluded) Comments: Thisprojectinvolvesthedemolitionorrenovationofa publicstructure. Regardlessoftheasbestoscontent,the applicant is responsible for ensuring that renovation or demolition activities are coordinated with the Louisiana Department ofEnvironmental Quality (LDEQ) in accordance with the LDEQ "Sixth Amended Declaration ofEmergency and Administrative Order" dated March 31, 2006, and the LESHAP protocol dated March 1, 2006, incorporating the provisions ofEPA's National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Louisiana Administrative Code (LAC) 33.111.5151 and Chapter 27. Should Asbestos Containing Materials (ACMs) be present atthe project site, the applicant is also responsible for ensuring proper disposal in accordance with the previously referenced administrative orders. Correspondence/Consultation/References: EPA Region 6 Non-attainment Map. H. Farmland Protection Policy Act ^ Project does not affect designated prime or unique farmland. (Review Concluded) • Project causes unnecessary or irreversible conversion ofdesignated prime or unique farmland. LJ Coordination with Natural Resource Conservation Commission required. • Farmland Conversion Impact Rating, Form AD-1006, completed. Are project conditions required? LJ" YES (see section V) • NO (Review Concluded) Comments: The project site is in a developed urbanized area and Farmland Protection Policy Act (FPPA) is precluded. No prime or unique farmland present. Correspondence/Consultation/References: National Resource Conservation Service, Web Soil Survey (http://websoilsurvev.nrcs.usda.gov/app/ Referenced 07/19/06. I. Migratory Bird Treaty Act LJ" Project not located within a flyway zone. (Review Concluded) ^ Project located within a flyway zone. 13 Project does not have potential to take migratory birds. (Review Concluded) Are project conditions required? • Yes (see section V) £<] No (Review Concluded) [j Project has potential to take migratory birds. • Contact made with USFWS Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: The siteisan existing disturbed area with little value tomigratory birds and would notbe included inthe USFWS migratory bird management program. Correspondence/Consultation/References: USFWS guidance letter dated September 15, 2005 forKatrina J. Magnuson-Stevens Fishery Conservation and Management Act ^ Project not located in or near Essential Fish Habitat. (Review Concluded) • Project located inor near Essential Fish Habitat. • Project does not adversely affect Essential Fish Habitat. (Review Concluded) RecordofEnvironmental Consideration(Version07/19/06) Reviewer Name: Adam Borden, Environmental Specialist Project Name/Env. Database No: Loyola University-Music Communications FEMA-1603/1607-DR-LA PW#8315 Parish: Orleans Are project conditions required? • Yes (see Section V) • No (Review Concluded) • Project adversely affects Essential Fish Habitat (FEMA determination/USFWS/NMFS concurrence on file) • NOAA Fisheries provided no recommendation(s) (Review Concluded). Are project conditions required? • Yes (see Section V) [J No (Review Concluded) LJ NOAA Fisheries provided recommendation(s) LJ Written replyto NOAA Fisheries recommendations completed. Are project conditions required? fj YES (see Section V) • NO (Review Concluded) Comments: Project isnotlocated inor near any surface waters with the potentialtoaffect EFH species. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.gov/) referenced 07/19/06. K. Wild and Scenic Rivers Act ^ ProjectisnotalonganddoesnotaffectWildorScenicRiver(WSR)-(ReviewConcluded) • Project isalong oraffects WSR • Project adversely affects WSR as determined by NPS/USFS. FEMA cannot fund theaction. (NPS/USFS/USFWS/BLM consultation on file) (Review Concluded) • Project does not adversely affect WSR. (NPS/USFS/USFWS/BLM consultation on file) Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: National Wild and Scenic Rivers http://www.nps.gov/rivers/wildriverslist.html. referenced 07/19/06. L. Other Relevant Laws and Environmental Regulations State Hazardous Materials and Solid Waste Laws Comments: Removal anddisposal ofdebris containing household hazardous waste andcertain categories ofliquid wastes must beperformed inaccordance with allapplicable federal and state laws, regulations, executive orders and guidelines. LACtitle33partVII requiresthatspecifieditems,includingleadacidbatteries,usedoilfilters,usedmotoroil,scraptires, cfc's(refrigerants), radioactivewasteorregulatedinfectious wastesmustbesegregatedfromandexcluded from nonhazardous debris collection, staging, processing anddisposal sites. Failure tocomply with applicable legal requirements in debris collection and/or disposal operations willjeopardize federal funding. The clean-up or restoration/repair of sites 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. -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, St. Bernard, St. Charles, St. John the Baptist, St. Tammany, Tangipahoa andWashington areunder quarantine. The movement ofwood orcellulose 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 thecommissioner oftheLouisiana Department ofAgriculture and forestry orhisdesignee(s). II. Compliance Review for Executive Orders A. E.0.11988 -Floodplains J No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) £3 Located in Floodplain orEffects on Floodplains/Flood levels [>3 No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded). Are project conditions required? ^ Yes (see Section V) [j No(Review Concluded) J BeneficialEffectonFloodplainOccupancy/Values (ReviewConcluded). [J Possible adverse effects associated with investment in floodplain, occupancy or modification offloodplain environment LJ 8 Step Process Complete -documentation on file Areproject conditions required? • YES (see Section V) • NO (Review Concluded) Comments: The site is located in Zone B. http://store.msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId^1LJ Record of EnvironmentalConsideration (Version 07/19/06) Reviewer Name: Adam Borden, Environmental Specialist Project Name/Env. Database No: Loyola University-Music Communications FEMA-1603/1607-DR-LA PW#8315 Parish: Orleans The city ofNew Orleans / Orleans Parish enrolled in the National Flood Insurance Program (NFIP) on 08/03/70. Per Flood Insurance Rate Map (FIRM) panel number 2252030160 E, dated 03/01/84, project is located in zone "B", in area protectedfrom the 100-year flood by levee, dike, or other structure subject to failure or overtopping during larger floods. Project is repair of building. Per flood recovery guidance, dated 04/12/2006, where possible, replacement of buildings, equipmentand contents should be elevated at least 3feet above the highest adjacent grade elevation. A. C. Clark Floodplain Spec. Correspondence/Consultation/References: FEMA Flood Insurance Rate Map, Community Panel No #2252030160 E dated 03/01/84 B. E.0.11990-Wetlands £3 No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) • Located in Wetland oreffects Wetland(s) • Beneficial Effect on Wetland -(Review Concluded) • Possible adverse effect associated with constructing in or near wetland J Reviewcompletedaspartof floodplainreview • 8 Step Process Complete -documentation on file Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: No wetlands were observed during site visit or determined to be present by checking the USFWS National Wetlands Inventory (NWI) maps. Correspondence/Consultation/References: USFWS NWI map accessed on-line (http://wetlandsfws.er.usgs.gov/wtlnds/launch.html) 07/19/06. C. E.0.12898 -Environmental Justice for Low Income and Minority Populations • No Low income or minority population in, near or affected by the project -(Review Concluded) ^ Low income or minority population in or near project area 13 No disproportionately high and adverse impact on low income or minority population-(Review Concluded) • Disproportionately high or adverse effects on low income or minority population Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: The percent populations of70113 are: 51.6% Black, 44.6% White and 3.2% Hispanic. The median household incomein1999was$28,006and 18.7%offamiliesarebelowpovertylevel. Correspondence/Consultation/References: U.S. Census bureau 2000 data at http://factfinder.census gov referenced 07/19/06. III. Other Environmental Issues Identify other potential environmental concerns in the comment box not clearly falling under alaw or executive order (see environmental concerns scoping checklist for guidance). State Hazardous Materials and Solid Waste Laws Comments: -Removal and disposal ofdebris containing household hazardous waste and certain categories ofliquid 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, cfc's (refrigerants), radioactive waste orregulated infectious wastes must be segregated from and excluded from nonhazardous 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 of sites damaged as aresult ofsuch operations are ineligible for federal funding. Previously obligated funding is subject to de- obligation if a determination of ineligibility is made. 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, St. Bernard, St. Charles, St. John the Baptist, St. Tammany, Tangipahoa and Washington are under quarantine. The movement ofwood or cellulose material, temporaryhousing or architectural components (e.g. beams, doors and other wood salvaged from astructure) may not leave the quarantined parishes without written authorization from the commissioner ofthe Louisiana Department ofAgriculture and forestry or his designee(s). Correspondence/Consultation/Reference: Record of Environmental Consideration (Version 07/19/06) Reviewer Name: Adam Borden, Environmental Specialist Project Name/Env. Database No: Loyola University-Music Communications FEMA-1603/1607-DR-LA PW88315 Parish: Orleans IV. Extraordinary Circumstances Based on the review of compliance with other environmental laws and Executive Orders, and in consideration of other environmental factors, review the project for extraordinary circumstances. *A"Yes" under any circumstance may require an Environmental Assessment (EA) with the exception of(ii) which should be applied in conjunction with controversy on an environmental issue. Ifthe circumstance can be mitigated, please explain in comments. If no, leave blank. Yes LJ (i)Greaterscopeorsizethannormallyexperiencedforaparticularcategoryofaction (ii)Actions withahigh level ofpublic controversy • (iii) Potential for degradation, even though slight, ofalready existing poor environmental conditions; • (iv) Employment ofunproven technology with potential adverse effects or actions involving unique or unknown environmental risks; • (v) Presence ofendangered or threatened species or their critical habitat, or archaeological, cultural, historical or other protected resources; • (vi) Presence ofhazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiring action or attention; • (vii) Actions with the potential to affect special status areas adversely or other critical resources such aswetlands, coastal zones, wildlife refuge and wilderness areas, wild andscenic rivers, sole or principal drinking water aquifers; LJ (viii) Potential for adverse effects on health or safety; and • (ix) Potential to violate afederal, state, local or tribal law or requirement imposed for the protection of the environment. • (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. Comments: None Zl V. Environmental Review Project Conditions Project Conditions: The following conditions apply as a condition of FEMA funding reimbursement: • This project involves the demolition orrenovation ofa public structure. Regardless ofthe asbestos content, the applicantisresponsibleforensuringthatrenovationordemolition activitiesarecoordinatedwiththeLouisiana DepartmentofEnvironmentalQuality(LDEQ) inaccordancewiththeLDEQ"FifthAmendedDeclarationof Emergency and Administrative Order" dated March 31, 2006, and theLESHAP protocol dated March 1, 2006, incorporating the provisions ofEPA's National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Louisiana Administrative Code (LAC) 33.111.5151 and Chapter 27. Should Asbestos Containing Materials (ACMs) be present atthe project site, the applicant is also responsible for ensuring proper disposal inaccordance with the previously referenced administrative orders. • 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, St. Bernard, St. Charles, St. John the Baptist, St. Tammany, Tangipahoa and Washington are under quarantine. The movement of wood or cellulose material, temporary housing orarchitectural 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 ofAgriculture andforestry orhisdesignee(s). RecordofEnvironmental Consideration(Version07/19/06) Reviewer Name: Adam Borden, Environmental Specialist Project Name/Env. Database No: Loyola University-Music Communications FEMA-1603/1607-DR-LA PW#8315 Parish: Orleans • Removal and disposal ofdebris containing household hazardous waste and certain categories ofliquid 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 oilfilters, used motor oil, scrap tires, cfc's (refrigerants), radioactive waste orregulated infectious wastes must besegregated 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-uporrestoration/repairofsitesdamaged asaresultofsuchoperationsare ineligibleforfederal funding. Previously obligated funding issubjecttode-obligation ifa determination ofineligibility ismade. • Perflood recovery guidance, dated 04/12/2006, where possible, replacement of buildings, equipment and contents should beelevated atleast 3feetabove thehighest adjacentgradeelevation. Record of Environmental Consideration (Version 07/19/06)