Reviewer Name: Catherine Jones Applicant: Plaquemines Parish Disaster/Emergency/Program/Project Title: DR1603LA /Hurricane Katrina / Public Assistance Program / Boothville Distribution System BS 1and 2 Record of Environmental Consideration See44Codeof Federal RegulationPart10. Project Name/Number: BoothvilleDistribution System BS 1and2/ PW 7057 Project Location: Boothville, Louisiana Plaquemines Parish (N29.3153 W-89.386) Project Description: Project activities include removing sea grass (12 CY), spread 4.7 CY of limestone, replacing pump control panel, main electrical service meter socket andfused disconnect. Hazard mitigation will be achieved by elevating the control panels 8feet above current ground level Documentation Requirements • No Documentation Required (Review Concluded) U (Short version) All consultation and agreements implemented to comply with the National Historic PreservationAct,EndangeredSpeciesAct,andExecutiveOrders 11988, 11990and12898are 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 to this REC. National Environmental Policy Act (NEPA) Determination • Statutorily excluded from NEPA review. (Review Concluded) • Programmatic Categorical Exclusion -Category (Review Concluded) f~l Categorical Exclusion -Category O 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) l~~l Environmental Assessment • Supplemental Environmental Assessment (Reference EA or PEA in comments) 03 Environmental Impact Statement Comments: This project meets the criteria for an alternative arrangement (Utilities &Wastewater Treatment Plants) type of project. This project has conditions and requires mitigation under the other EHP laws. Record of Environmental Consideration 1 08/14/06 Reviewer Name: Catherine Jones Applicant: Plaquemines Parish Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / Boothville Distribution System BS 1and 2 Reviewer and Approvals O Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: CatherineJones,Environmental Specialist Signature. Date 8/14/2006 FEMA Regional Environmental Officer or delegated approving official. Name: Howard R. Bush, ElO Signature r*~^-'^ T . Date 8/14/2006 I. Compliance Review for Environmental Laws (other than NEPA) | i, A. National Historic Preservation Act f CD Not type ofactivity with potential to affect historic properties. (Review Concluded) | ^ Applicable executed Programmatic Agreement 12/03/2004 Otherwise, conduct standard Section 106 review. I E<] Activity meets Programmatic Allowance #{ I-A &I-K} 1 Are project conditions required? ^ Yes (see section V) [~| No(ReviewConcluded) j HISTORIC BUILDINGS AND STRUCTURES I j E3 No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) I • Building or structure listed or 45/50 years or older in project area and activity not exempt from review. f • Determination ofNo Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) J Are project conditions required? • Yes (see section V) • No (Review Concluded) f • Determination ofHistoric Properties Affected (FEMA finding/SHPO/THPO concurrence on file) I • Property aNational Historic Landmark and National Park Service was provided early notification { duringtheconsultationprocess.Ifnot,explainincomments f • No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file). I Are project conditions required? • Yes (see section V) • No (Review Concluded) { • Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file) f • Resolution ofAdverse Effect completed. (MOA on file) f Are project conditions required Q Yes (see section V) • No (Review Concluded) | ARCHEOLOGICAL RESOURCES [ ^ Project affects only previously disturbed ground. (Review Concluded) f • Project affects undisturbed ground. I C]Project area has no potential for presence ofarcheological resources f • Determination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence or § consultationon file). (Review Concluded) I 0 Project area has potential for presence ofarcheological resources { • Determination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence on file) | Are project conditions required • Yes (see section V) • No (Review Concluded) j • Determination ofhistoric properties affected j • NR eligible resources not present (FEMA finding/SHPO/THPO concurrence on file). f Are project conditions required DYes (see section V) • No (Review Concluded) I • NR eligible resources present in project area. (FEMA finding/ SHPO/THPO concurrence on f file) | • No Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) f Are project conditions required? D Yes (see section V) f~l No (Review Concluded) f • Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) [ • Resolution ofAdverse Effect completed. (MOA on file) f Record of Environmental Consideration 2 08/14/06 f Reviewer Name: Catherine Jones Applicant: Plaquemines Parish Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / Boothville Distribution System BS 1and 2 Are project conditions required? • Yes (see section V) • No (Review Concluded) Comments: 8/12/2006 -Historic review complete: Scope ofwork indicates ground disturbing activities associated with debris removal, repair to the pump control panel, and the hazard mitigation proposal. Upon consultation ofSHPO data, there are no known archaeological sites within .25 miles ofthe project area. Therefore scope ofwork meets ProgrammaticAgreement (12/3/2004) allowances, Appendix A, section I, Aand K. Fill/borrow material used in repair and/or filling must be sourced from sites that do not contain cultural materials, petroleum products, hazardous ortoxic substances. Itshall not be sourced from wetlands, critical habitat, pristine areas, or other environmentally sensitive areas. 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 orminimize harm to the finds. The applicant shall inform their Public Assistance (PA) contacts at FEMA, who will in turn contact FEMA historic preservation staff. The applicant will not proceed with work until FEMA historic preservation staff has completed consultation with the Louisiana State Historic Preservation officer (SHPO). In addition, ifunmarked graves are present, compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (r.s. 8:671 etseq.) 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 of Archeology at 225-342-8170) within seventy-two hours ofthe discovery. Failure to comply with these stipulations may jeopardize receipt ofFEMA funding. Katherine Zeringue, Historic Preservation Specialist/Archaeologist Correspondence/Consultation/References: 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) • Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. • No effect to species or designated critical habitat. (See comments for justification) Are project conditions required? • Yes (see section V) • No (Review Concluded) • May affect, but not likely to adversely affect species or designated critical habitat (FEMA determination/USFWS/NMFS concurrence on file) (Review Concluded) Are project conditions required? • Yes (see section V) • No(Review Concluded) • Likely to adversely affect species ordesignated critical habitat • Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. Coastal Barrier Resources Act ^ Project is not on orconnected to CBRA Unit orOtherwise Protected Area (Review Concluded). • Project is on or connected to CBRA Unit or Otherwise Protected Area. (FEMA determination/USFWS consultation on file) • Proposed action an exception under Section 3505.a.6? (Review Concluded) • Proposed action not excepted under Section 3505.a.6. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: D. Clean Water Act ^ Project would not affect any waters ofthe U.S. (Review Concluded) • Project would affect waters, including wetlands, ofthe U.S. • Project exempted as in kind replacement or other exemption. (Review Concluded) • 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) Record of Environmental Consideration 3 08/14/06 Reviewer Name: Catherine Jones Applicant: Plaquemines Parish Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / Boothville Distribution System BS 1and 2 Comments: Projectisnotinor adjacenttoanywaterwaysofthe US. Correspondence/Consultation/References: £. Coastal Zone Management Act • Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) ^ Projectislocatedina coastalzoneareaand/oraffectsthecoastalzone E3 State administering agency does not require consistency review. (Review Concluded). O State administering agency requires consistency review. Are project conditions required? • YES (see section V) Q NO (Review Concluded Comments: This project is located within the Louisiana Coastal Management Zone. La DNR 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 orother 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 E3 Project does not affect, control, or modify awaterway/body ofwater. (Review Concluded) CD Project affects controls or modifies awaterway/body ofwater. • Coordination with USFWS conducted • No Recommendations offered by USFWS. (Review Concluded) O Recommendations provided by USFWS. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: Project isnotinor adjacenttoanywaterways ofthe US. Correspondence/Consultation/References: G. Clean Air Act ^ Project will not result in permanent airemissions. (Review Concluded) • Projectislocatedinanattainmentarea. (ReviewConcluded) CD Project islocatedina non-attainmentarea. CD Coordination required with applicable state administering agency.. Are project conditions required? • YES (see section V) Q NO (Review Concluded) Comments: None Correspondence/Consultation/References: 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. • Coordination with Natural Resource Conservation Commission required. • Farmland Conversion Impact Rating, Form AD-1006, completed. Are project conditions required? Q YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: I. Migratory Bird Treaty Act • Project not located within a flyway zone. (Review Concluded) ^ Project located within a flyway zone. ^ Project does not have potential to take migratory birds. (Review Concluded) Record of Environmental Consideration 4 08/14/06 Reviewer Name: Catherine Jones Applicant: Plaquemines Parish Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / Boothville Distribution System BS Iand 2 Are project conditions required? • Yes (see section V) £<] No (Review Concluded) CD Project has potential to take migratory birds. • Contact made with USFWS Are project conditions required? CD YES (see section V) CD NO (Review Concluded) Comments: See letter from Don Fairley to Mr. Russ Watson with USF&WS, dated 09/14/2005. Specifically, FEMA has determined that restoration projects funded with federal resources will not have adverse impacts on migratory birds or other fish and wildlife reserves. These determinations are based on the understanding that the conditions outlined in the Louisiana Endangered Species Summary are met. Correspondence/Consultation/References: http://pacificflvwav.gov/Documents/MississiDpi map.pdf, J. Magnuson-Stevens Fishery Conservation and Management Act £3 Project not located in ornear Essential Fish Habitat. (Review Concluded) • Project located inor near Essential Fish Habitat. • Project does not adversely affect Essential Fish Habitat. (Review Concluded) Are project conditions required? CD 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? CD Yes (see section V) CD No(Review Concluded) CD NOAA Fisheries provided recommendation(s) • Written reply to NOAA Fisheries recommendations completed. Are project conditions required? CD YES (see section V) CD NO (Review Concluded) Comments: None Correspondence/Consultation/References: K. Wild and Scenic Rivers Act I ^ Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) \ • Project isalong oraffects WSR ! • Project adversely affects WSR as determined by NPS/USFS. FEMA cannot fund the action. I (NPS/USFS/USFWS/BLM consultation on file) (Review Concluded) ? • Project does not adversely affect WSR. (NPS/USFS/USFWS/BLM consultation on file) I Are project conditions required? CD YES (see section V) CD NO (Review Concluded) | Comments: None Correspondence/Consultation/References: L. Other Relevant Laws and Environmental Regulations II. Compliance Review for Executive Orders A. E.0.11988 -Floodplains • No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) ^ Located in Floodplain or Effects on Floodplains/Flood levels ^ No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded). Are project conditions required? \% Yes (see section V) CD No(Review Concluded) • Beneficial Effect on Floodplain Occupancy/Values (Review Concluded). • Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment CD 8 Step Process Complete -documentation on file Are project conditions required? CD YES (see section V) CD NO (Review Concluded) Record of Environmental Consideration 5 08/14/06 Reviewer Name: Catherine Jones Applicant: Plaquemines Parish Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / Boothville Distribution System BS 1and 2 Comments: 05/18/06-PlaqueminesParishenrolled intheNationalFloodInsuranceProgram05/01/85.PerjoodInsurance Rate Map2201390910c,projectislocated inzoneA3,areaof100-yrflood, basefloodelevationsand flodOhazardfactors determined. Project isdebris removal, replacement and repairing ofvarious pump station electrical and mechanical components. Per 44 CFR 9.11 (dX9), the replacement ofbuilding contents, materials and equipment, where possible, disaster proofing ofthe building and/or elimination ofsuch future losses by relocation ofthose building contents, materials andequipmentoutsideorabovethebaseelevation. RezwanKarin,CFM Correspondence/Consultation/References: B. E.0.11990-Wetlands E<3 No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) D Located in Wetland oreffects Wetland(s) • Beneficial Effect on Wetland -(Review Concluded) CD Possible adverse effect associated with constructing in or near wetland CD Review completed as part offloodplain review CD 8Step Process Complete -documentation on file Are project conditions required? CD YES (see section V) CD NO (Review Concluded) Comments: None Correspondence/Consultation/References: 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) CD Low income or minority population in or near project area • No disproportionately high and adverse impact on low income or minority population-(Review Concluded) CD Disproportionately high or adverse effects on low income or minority population Are project conditions required? CD YES (see section V) CD NO (Review Concluded) Comments: None Correspondence/Consultation/References: III. Other Environmental Issues Identifyotherpotentialenvironmentalconcernsinthecommentboxnotclearlyfalling underalawor executiveorder (see environmentalconcernsscoping checklistforguidance). Comments: None Correspondence/Consultation/References: IV. Extraordinary Circumstances Based onthe review ofcompliancewithotherenvironmental laws andExecutive Orders, andin consideration of otherenvironmental 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. • (i) Greater scope or size than normally experienced for aparticular category ofaction CD (ii) Actions with ahigh level ofpublic controversy CD (iii) Potential for degradation, even though slight, ofalready existing poor environmental conditions; CD (iv) Employment ofunproven technology with potential adverse effects or actions involving unique or unknown environmental risks; Record of Environmental Consideration 08/14/06 Reviewer Name: Catherine Jones Applicant: Plaquemines Parish | Disaster/Emergency/Program/Project Title: DRl603LA / Hurricane Katrina / Public Assistance Program / Boothville Distribution System BS 1and 2 f f CD (v) Presence of endangered 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 orstandardsrequiringactionorattention; CD (vii) Actions with the potential to affect special status areas adversely or other critical resources suchas wetlands, coastal zones, wildlife refugeandwilderness areas, wildand scenic rivers, sole or principal drinking water aquifers; CD (viii) Potential for adverse effects on health orsafety; and CD (ix) Potential to violate afederal, state, local or tribal law or requirement imposed for the protection ofthe environment. • (x) Potential for significant cumulative impact when the proposed action is combined with other past, presentandreasonably foreseeable future actions, even though theimpacts ofthe proposed action may not be significant by themselves. Comments: None V. Environmental Review Project Conditions Project Conditions: 1. Per44 CFR9.11(d)(9),thereplacementofbuildingcontents,materialsandequipment,where possible,disasterproofingofthe buildingand/oreliminationofsuchfuture lossesbyrelocationof those buildingcontents,materialsandequipmentoutsideor abovethe baseelevation. 2. Ifduringthecourseof work,archaeologicalartifacts(prehistoricorhistoric)or humanremainsare discovered, theapplicant shallstopworkinthevicinity ofthediscovery andtakeallreasonable measures to avoid or minimize harm to the finds. The applicant shall inform their Public Assistance(PA)contactsatFEMA,whowillinturn contactFEMAhistoricpreservationstaff. The applicant will notproceed with work until FEMA historic preservation staffhascompleted consultationwiththeLouisianaStateHistoricPreservationofficer(SHPO). Inaddition,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 ofthejurisdiction wheretheremains arelocated within twenty-four hours ofthediscovery. Theapplicant shallalsonotifyFEMA andtheLouisiana Unmarked BurialSitesBoard(callthe Louisiana Division of Archeology at 225-342-8170) within seventy-two hours of the discovery. Failuretocomplywiththesestipulations mayjeopardize receiptofFEMA funding Monitoring Requirements: None Record of Environmental Consideration 7 08/14/06