• 

MEMORANDUM OF AGREEMENT 
AMONG 
THE FEDERAL EMERGE CY MANAGEMENT AGE CY, 
THE LOUISIANA STATE mSTORlC PRESERVATION OFFICER, 
AND THE ADVISORY COUNCIL 0 mSTORlC PRESERVATION 
REGARDING THE 
KINGSLEY HOUSE ARCHAEOLOGICAL SITE (160R221), 
TEMPORARY HOUSING PROJECT OR-154, NEW ORLEANS, ORLEANS PARISH 
LOUISIANA 


WHEREAS, the Federal Emergency Management Agency (FEMA) of the Department of 
Homeland Security proposed to administer federal funds pursuant to Section 408 of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 
(Stafford Act) as a result of Hurricanes Katrina (DR-1603-LA) and Rita (DR-1607-LA) 
respectively in August and September 2005 (Disasters) in the City of New Orleans for the 
construction of temporary housing at the Kingsley House, designated Temporary Housing 
Project OR-154 (Undertaking); and 
WHEREAS, FEMA, the Louisiana Office of Homeland Security and Emergency Preparedness 
(LOHSEP), the Louisiana State Historic Preservation Officer (SHPO), and the Advisory Council 
on Historic Preservation (ACHP) executed a Programmatic Agreement (2004 PA) on December 
3, 2004 to satisfy FEMA's responsibilities pursuant 36 CFR Part 800, the regulations 
implementing Section 106 of the National Historic Preservation Act of 1966, (16 U.S.C. 470t) 
(NHPA) as amended, for all FEMA funded undertakings as a result ofsuch Disasters; and 

WHEREAS, FEMA, in consultation with the SHPO and pursuant to the 2004 PA have 
established that the Undertaking'S Area of Potential Effect (APE) consists of a 4.5-acre tract of 
land located at 1600 Constance Street, New Orleans, Louisiana; this area encompasses all of 
New Orleans City Square Ill, bounded by Orange Street to the north, Annunciation Street to the 
east, Richard Street to the south, and Constance Street to the west, as well as a contiguous 
portion of City Square 146, the block bounded by Orange Street to the north, Constance Street to 
the east, Richard Street to the south, and Magazine Street to the west (Appendix A) and is 
located in the southeastern quadrant of the Lower Garden District, a National Register Historic 
District; and 

WHEREAS, FEMA in consultation with the SHPO, determined that the Undertaking possessed 
a high potential for affecting undocwnented National Register of Historic Places (NRHP) 
eligible historic properties in the APE, and accordingly, the SHPO concurred with FEMA's 
recommendation to locate the utilities primarily above-ground and to monitor the utility 
interconnects during mechanical excavations (Jetter dated January 18, 2006 Appendix B); and 


WHEREAS, on March 10, 2006, the Undertaking was converted from an Expedited Group Site 
with above-ground utilities to a Group Site with subsurface utilities (FEMA Memorandum to 
File dated March 10, 2006, Appendix C), and based on subsequent review of the modified 
Undertaking, FEMA determined that the revised scope fell within the parameters of the original 
National Environmental Policy Act (NEPA) Categorical Exclusion dated January 28, 2006, 
(Appendix D) but did not consult with the SHPO regarding the change in scope pursuant to 
Section 106 ofNHPA; and 

WHEREAS, on March 28, 2006, mechanical excavations within a portion of the APE, City 
Square 111 , exposed and truncated significant historic properties, including multiple structural 
foundations and associated features; initial observations of these properties indicated that the 
entire City Square (111), designated as archaeological site 160R221 (the Kingsley House Site or 
Site), was eligible for the NRHP; and 

WHEREAS, FEMA, in consultation with the SHPO and pursuant to the 2004 PA, has applied 
the criteria of adverse effect and has determined that the modified Undertaking has adversely 
affected a NRHP eligible historic property, and that continued project activities would result in 
the physical destruction of or damage to all or part of identified and unidentified archaeological 
resources in the APE; and 

WHEREAS, FEMA, in consultation with SHPO, has determined that Site development shall 
cease and an alternate location shall be selected as a temporary housing site; and 

WHEREAS, FEMA, in consultation with the SHPO, has determined that mitigation measures to 
treat the identified adverse effect should be focused exclusively on the portion of City Square 
111 which was adversely affected by the modified Undertaking, rather than on the full APE 
(Appendix E); and 

WHEREAS, on April 4, 2006 the General Services Administration (GSA) revoked the lease, 
making FEMA' s access to the site problematic; and 

WHEREAS, on May 25, 2006, two features were looted at the Site, including one previously 
disturbed feature and one intact ca. 1870 privy, and accordingly, FEMA ensured that emergency 
documentation of the looted features was conducted and that appropriate procedures were 
undertaken to protect the site from additional vandalism; and 

WHEREAS, FEMA has ensured that a consultant meeting The Secretary ofthe InTerior's (SOl) 
Professional Qualifications Standards for Archeology (48 FR 44738-39) completed the 
necessary Damage Assessment in the APE including recovery of a sample of artifacts from the 
back dirt and documentation of features in three-dimensional space using scaled drawings and 
standardized forms, transit mapping, and photography; and 

WHEREAS, to ensure that it has gathered sufficient information regarding the Site's content, 
location, and significance to make informed decisions, FEMA has prepared the preliminary 
archaeological report "Archaeological Documentation of the Federal Emergency Management 

2 



Agency (FEMA) Temporary Housing Project at the Kingsley House Site, New Orleans, Orleans 
Parish, Louisiana, Preliminary Report, June 2006"; and 

WHEREAS, FEMA notified the ACHP on May 17, 2006, regarding the ongoing consultation 
efforts, and invited the ACHP to participate in consultation on resolving the undertaking's 
adverse effect, but the ACHP had elected not to participate in the consultation for the 
undertaking (see letters, Appendix F); and 

WHEREAS, FEMA contacted the ACHP again on May I, 2007, with updates, and invited the 
ACHP to participate in consultation on this MOA; and the ACHP has elected to participate in 
consultation and become a signatory to this MOA (see letters, Appendix G and H); and 

WHEREAS, the Alabama-Coushatta Tribe of Texas (ACTI), the Caddo Nation (CN), the 
Chitimacha Tribe of Louisiana (CTL), the Coushatta Tribe of Louisiana (CATL), the Jena Band 
of Choctaw Indians (JBCI), the Mississippi Band of Choctaw Indians (MBCI), the Quapaw Tribe 
of Oklahoma (QTO), the Seminole Tribe of Florida (STF), and the Tunica-Biloxi Tribe of 
Louisiana (TBTL), are all federally recognized sovereign Indian Nations, which have a 
government-to-government relationship with the United States and have an interest in the area 
surrounding and including the entirety of Orleans Parish, Louisiana, and based on the recovery of 
two unrefined aboriginal earthenware pottery sherds, which are possibly prehistoric, they have 
been invited to participate in the consultation for this MOA; and 

WHEREAS, the ACTI, CN, CTL, CATL, JBCI, MBCI, QTP, STF, and TBTL were invited as 
concurring parties to participate in consultation on this MOA; and have declined to participate in 
the consultation for this MOA; and 

WHEREAS, FEMA has invited the Kingsley House to consult regarding the resolution of 
adverse affects to property leased from it and Kingsley House has participated in the consultation 
for this MOA, but has declined to sign as a concurring party; and 

WHEREAS, FEMA, SHPO, and the ACHP recognize that the agreed upon treatment measures 
in this document represent mitigation only for those portions of City Square III impacted by 
FEMA's modified Undertaking; and 

NOW THEREFORE, FEMA, the SHPO, and the ACHP agree that the following terms and 
conditions shall be implemented in a timely manner and with adequate resources to satisfy 
FEMA's responsibilities in accordance with Section 106 ofthe NHPA. 

STIPULATIO S 

In coordination with the SHPO and ACHP, FEMA shall require that the following treatment 
measures be implemented: 

I. ADMINlSTRATIVE CONDITIONS 
A. Personnel Qualifications 
3 


FEMA shall ensure that all further archaeological analysis and archival research 
carried out pursuant to this MOA will be by or under the direct supervision of a 
person or persons meeting at a minimum The Secretary of the Interior 's 
Professional Qualification Standards for Archeologists (48 FR 44738-39). 

B. Report Standards 
FEMA shall ensure that all draft and final archaeological reports and public 
information materials resulting from actions pursuant to this MOA will meet 
professional standards set forth by The Secretary of the interior 's Standards for 
Archeological Documentation (48 FR 44734-37) and will be prepared in 
accordance with the SHPO's Section 106 Investigations and Report Standards. 
All reports will be completed and provided to the SHPO within 90 days of the 
completion of the archaeological investigations, for review and comment. The 
SHPO will be afforded thirty (30) days to review and comment on all 
submissions. Upon comment from FEMA and SHPO, a final report will be 
produced within one (J) year of the date ofexecution of this MOA. 

C. Curation Standards 
FEMA shall ensure that all archaeological materials collected and all associated 

documentation are curated in accordance with regulations for Curation of 

Federally-Owned and Administered Archeological Collections. (36 CFR Part 79) 

and the curation guidelines developed by the SHPO. FEMA will ensure that 

Kingsley House is afforded the opportunity to select any or all artifacts to be 

displayed at their facility. Any remaining artifacts shall be curated at the SHPO. 

However, regardless of the final disposition of the artifacts, associated records 

shall be curated with the SHPO in keeping with the policies of the SHPO. FEMA 

will be responsible for the one-time curation fee of two hundred dollars ($200) 

per cubic foot at the Louisiana Division of Archaeology. 

D. Inadvertent Discoveries 
1. Archaeological Remains 
If, in the course of backfilling, dense amounts of intact archaeological 
deposits, broad artifact scatters, and/or structural feature remains are 
encountered, FEMA shall ensure through their archaeological monitor that the 
contractor shall inunediately stop work in the vicinity of the discovery and 
take all reasonable measures to avoid or minimize harm to the finds. FEMA 
shall also ensure that the archaeological findings are secured and access to the 
sensitive area is restricted. In such cases, FEMA shall notify the SHPO and 
Kingsley House within 24 hours of the discovery and shall ensure that its 
contractors shall not proceed with work until FEMA has completed 
consultation with the SHPO and other consulting parties, as necessary. 

4 


2. 
Human Remains 
a. 
Ifhuman remains are uncovered during the implementation of the terms of 
this MOA, FEMA shall ensure that all activity in the vicinity of the 
discovery will cease and FEMA shall immediately notify the City, the 
New Orleans Police Department, and the Orleans Parish Coroner's Office 
of the discovery. Within twenty-four (24) hours of the discovery, FEMA 
will also notify and coordinate with the SHPO, the ACTI, CA TL, CN, 
CTL, JBCI, MBCI, QTO, STF, and TBTL. The local law enforcement 
officials shall assess the nature and age of the human skeletal remains. If 
the coroner determines that the human skeletal remains are older than 50 
years of age, the Louisiana Division of Archaeology has jurisdiction over 
the remains. FEMA shall ensure compliance with the Louisiana 
Unmarked Human Burial Sites Preservation Act (R.S. 8:671 el seq.) and 
other applicable laws. In addition, FEMA shall adhere to guidelines set 
forth by the ACHP in its "Policy Statement Regarding Burial Sites, 
Human Remains, and Funerary Objects (2007)." 
b. 
If it can be determined that the human remains are American Indian, 
FEMA shall consult with the ACTI, CN, CTL, CA TL, JBCI, MBCI, 
QTP, STF, and TBTL and representatives of the State of Louisiana as 
necessary. 
II. TREATMENT MEASURES 
FEMA, in consultation with the SHPO and Kingsley House, shall ensure that the 
following treatment measures are implemented. 

A. Archaeological Mitigation 
In order to evaluate the integrity of the Site, archaeological IDIogation will 
concentrate on the clarification of the nature and research potential of the 
anticipated stratified deposits; and sampling of selected features identified during 
the 2006 feature documentation and recordation efforts at the Site. Accordingly, 
archaeological excavations will incorporate existing information from the 2006 
field studies. Complete and accurate records will be maintained of all field 
observations and operations. Locational and stratigraphic information will be 
referenced to archaeological consultant's site datum. Additional information on 
site depth and stratigraphy will be revealed during excavations within the area of 
adverse effects. The archaeological mitigation effort will be conducted by the 
Earth Search, Inc. under FEMA' s supervision. The task of the archaeological 
mitigation will involve the excavation of a maximum of 16 square meters within 
the area of adverse effects within the APE. Excavations will consist of a series of 
test units that vary in size, as determined by the consultant's lead archaeologist in 
consultation with FEMA and the SHPO. Provisionally, test unit locations have 
been allocated as follows : 

5 


1. To sample the high density of artifacts, two square meters of feature fill will 
be excavated from each of three identified brick-lined privy shafts (designated 
B. 
C. 
Features 22, 34, and 47)(refer to Appendix E). 

2. 
In an effort to determine degree of stratification and function, two square 
meters will be excavated within proximity of two midden deposits and 
associated brick footings (designated Features 20 and 29)(Appendix E). 
3. 
A series of stratified midden deposits (designated Feature 26), including a 
context likely to date to the early-nineteenth century, was identified at the 
southeastern comer of the Site. Additionally, two prehistoric pottery sherds 
were recovered from this area. In order to determine the nature and 
configuration of these discrete components, six test units will be excavated 
within the vicinity of Feature 26. 
If, during the course of the investigations, excavations reveal that feature integrity 
has been compromised and/or data recovery results in redundant information, 
FEMA will direct the consultant's lead archaeologist to select alternative feature 
locations, if necessary, within the area adversely affected in order to maximize 
use of the allotted 16 square meters. 

Backfilling 

Following excavations, FEMA shall ensure that the Site will be backfilled and 
returned to its pre-lease condition. To avoid additional adverse affects to the 
integrity of the Site, FEMA shall make sure a SOI qualified archaeologist will be 
present to ensure that the heavy equipment does not further damage unmitigated 
or undiscovered portions of the Site. 

Artifact Analysis 

Establishment of the presence of adequate data and determination of integrity of 
the Site will require more extensive analysis than was performed at the Damage 
Assessment level. The consultant hired to conduct the archaeological mitigation 
will also perform the artifact analysis. The precise nature of the analysis required 
will be determined on the basis of the character of the Site and its research 
potential. However, certain minimal types ofanalysis can be defined: 

1. 
The tabulation of all artifacts by type and by provenience unit, stratum, and 
feature, if feasi ble. 
6 



2. 
The categorization of artifacts in a manner that allows for comparisons with 
other sites and collections. By example, for ceramics, analysis will include 
identification of ware types, forms, functions, manufacturing technologies, 
and dates of production. For floral and faunal specimens, an attempt will be 
made to classify by taxon (genus or species) and structural part of form (i .e., 
long bone, scapula, scales, nut, etc.) 
3. 
When appropriate, techniques such as cross-mending and distributional 
plotting will be used to assess Site structure. 
4. 
If applicable, intra-site patterning and the potential to identify activity areas 
will be examined. 
5. 
Should test unit excavations result in the recovery of additional diagnostic 
prehistoric ceramics, FEMA will notify the ACTI, CATL, CN, CTL, JBCI, 
MBCI, QTO, STF, and TBTL of their findings following the analysis. These 
objects may possess historical, traditional, or cultural importance central to 
these Native American Tribes. 
D. Historic Context Development 
FEMA shall ensure that both Prehistoric and Historic Contexts are prepared for 
the Site, which presents prehistoric and historic-era overviews. Given the almost 
exclusive historic component at the Site, the historic context will be expanded in 
an attempt to define the historic character of the Site, including the history of the 
property ownership, occupation, land-use, and development. The minimum level 
ofdocumentary research will include the following types of information: 

I. 
Primary documents consulted will include, as available, deeds, tax 
assessments, insurance surveys, census data, city directories, maps, atlases, 
city plots, building permits, lithographs, photographs, and other public and 
private records. 
2. 
A chain of title will be produced for each parceVarea of the Site, which will 
receive mitigation. 
3. 
Secondary literature that pertains to the historical or cultural context of the 
Site will be consulted in order to address more fully the issues of Site 
significance and NRHP eligibility. 
E. Report Production 
FEMA shall ensure that a research report is prepared that incorporates the Historic 
Contexts, Site mapping, and Artifact Analysis. Using information from the 
artifacts recovered and features identified at the Site, an attempt will be made to 
answer research questions from Louisiana's Comprehensive Archaeology Plan 

7 



and those of current interest to historians and archaeologists, as well as defining 
future research avenues. 

F. 
Education and Enhancement Activities 
FEMA will develop and maintain a program of historic preservation awareness to 

educate its contractors about the fragility of historic properties and the importance 

of preserving them. This program will be implemented through internal training 

sessions prior to the onset of temporary housing projects. Enhancement of 

historic preservation awareness will include a program of resource interpretation 

documented through educational brochures or pamphlets. The purpose of these 

training sessions will be to avoid the potential for inadvertently adversely 

affecting historic properties by providing an overview of the types of sites, 

features, and artifacts that might be encountered. Training sessions will also 

include a discussion of the regulatory framework that governs FEMA's treatment 

of historic properties. In addition, a listing of resource information and points of 

contact will be provided should historic properties andlor artifacts be encountered. 

ill. 
DURATION, AMENDMENTS, AND TERMINATION 

A. 
This MOA shall become effective upon signature of all the signatory parties. It 
shall remain in effect until successful completion of the Submittals described in 
Stipulation II.E. 
B. 
If any signatory party to this MOA believes that its terms cannot be carried out, or 
that amendments to its terms are required, that party will immediately consult 
with the other parties to develop amendments. The process of amending this 
MOA will be the same as that exercised in the 2004 PA. 
C. 
FEMA, SHPO, or ACHP may terminate the MOA providing 30 days written 
notice to the other parties, provided the signatory parties consult during the period 
prior to termination. Termination of the MOA will require compliance with 36 
CFR Part 800. This MOA may be terminated without further consultation by the 
execution of a subsequent MOA that explicitly terminates or supersedes its terms, 
or FEMA and the SHPO may conclude the Section 106 process if consultation is 
terminated in accordance with 36 CFR 800.7(a)(2). 
IV. 
DISPUTE RESOLUTION . 
A. 
Should any consulting party object within the time frames provided to any plans, 
specifications, or actions provided for review pursuant to tills MOA, FEMA will 
consult further with the objecting party to seek resolution. 
8 



B. 
If FEMA determines that the dispute cannot be resolved, FEMA shall forward all 
documentation relevant to the dispute to the ACHP, including FEMA's proposed 
resolution of the dispute. Within fifteen (IS) days after receipt of all pertinent 
documentation, the ACHP will: 
l. 
Advise FEMA that it concurs with FEMA's resolution ofthe dispute; 
2. 
Provide FEMA with recommendations, which FEMA will take into 
account in reaching a fmal decision regarding the dispute; or 
3. 
Notify FEMA that it will comment pursuant to 36 CFR 800.7(c) and 
proceed to comment. Any comment provided will be taken into account 
by FEMA in accordance with 36 CFR 800.7(c)(4) with reference to the 
subject ofthe dispute. 
C. 
If the ACHP does not provide FEMA with comments or recommendations within 
fifteen (IS) days, FEMA may assume that the ACHP does not object to its 
recommended approach and will proceed accordingly. 
D. 
Any recommendation or comment provided by the ACHP will be understood to 
pertain only to the subject of the dispute, and FEMA's responsibility to fulfill all 
actions that are not subject to the dispute will remain unchanged. 
V. 
IMPLEME TATJON OF TIDS AGREEMENT 
A. 
FEMA will provide the SHPO and the ACHP with a signed original of this MOA. 
The MOA will take effect immediately upon signature by all signatory parties. 
B. 
Execution of this MOA by all signatory parties and implementation of its terms 
by FEMA is evidence that FEMA has taken into account the effects of the 
Undertaking on historic properties and has fulfilled its responsibilities under 
Section 106 of the NHPA and afforded the ACHP an opportunity to comment on 
the Undertaking. 
9 



SIGNATORIES: 

FEDERAL EMERGENCY MANAGEMENT AGENCY 

By: ~-Date: 'IIz.1/07 

Jwm;;>.<>tark, Director, Transitional Recovery Office 

STORIC PRESERVATION 

Date: 

~)t ~---z 

LOUISIANA STATE HISTORIC PRESERVATION OFFICER 

By:CPk~ Date: 7-30-CJ7 

Pam Breaux, State Historic Preservation Officer 

10 



APPENDIX A 


11 



o 
5 
1,000 ~ o Project area \~ o 
5 
1,000 ~ o Project area \~ 
Figure I. Excerpt from the USGS New Orlean East, IA I :24,000 quadrangle showing the 
Kingsley House temporary housing site project area. 

12 


APPENDIXB 


13 



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14 



APPENDIXC 


15 



March 10,2006 

MEMORANDUM TO FILE: FEMA-1603-DR-LA 

FROM: 
Kimberly R. Rogers 
Environmental Specialist 


SUBJECT: 
OR-IS4/ Kingsley House 
Conversion from EG site to Group site 
CATEX dated: 1128/06 


The description of the project has been revised to include below ground utilities rather than 
above ground utilities as originally planned. 

After review of the amended project, we find that this revised scope of work still falls within the 
parameters ofthe original CATEX dated 1128/06. 

16 



APPENDIXD 


17 



l' 

u.s. Dtplr'Uaul o(B...,dud SetllU!r0" . ( ·7 
FEMA Rqjoa 6 ' ,

[}x

800 N. Loop 2U 
Dentoa, DC 16m-369& I 1 

U 



MEMORANDUM TO: Stephen DeBlasio, FEMA Housing Officer -LA 
cc: Juan Gil, FEMA lA 
Marcia E. Richard, FEMA COTR nopresentJIlive 
Pamela Mack, ERO 
Geoffrey Compeau, SHAW 
Aaron Claggett, GSA 
THROUGH: 
FROM: 
Donald R. Fairley, FEMA ELO 
Barbara Gimlin, FEMA DELO Temp Housing 
DATE: January 26, 2006 
PROJECT NAMFlNUMBER Kingsley House Propertyl OR-154 
PROJECT ADDRESS: 1600 Constance St, New Orleans, LA 70130 
PROJECT DESCRIPTION: The proposed project coDSists of the placement of90 travel trailers on 
4.2 acres in New Orleans, LA. 
ENV SPECIALIST: Tina Randazzo, FEMA 

The purpose of this Ietkr is to notify you that the above subject project has been cleared under the National Environmental 
Policy Act (NEPA). The Code of Federal Regulations. 44 CFR Part 10, requires that the Federal Emergency Man.a:gemcnt 
Agency (FEMA) take into accowu environmental considerations when authorizing or approving major actions. This project has 
been detcmtined to be categorically excluded in accordance with 44 eFR Part IO.8(d)(2) (XVII). (XIX). and (XVl) under the 
Programmatic Categorical Exclusion (PCE) "Group Temporary Emergency Housing." FE.MA.-/60JIJ607-DR-LA-lndMduaJ 
and lIoustltolds Progrmn from the need to prepare either an environmental impact statement or eoviroomenuJ assessment The 
PCE is attached. Particular aUention .bould be given to the PCE conditions section (IV) lid Record or Environmenta' 
CODsidentioa COOd.itJoDS sedion (V) bdore and durial project lmpkmenOltion. failure to comply ",10. these coadillons 
lIIay JeGpardiu deUnry offe(ierala"istJ.ncc iadudiua [undia,. 

Please note that this tran.sntitt.al is a notification that this project has been cleared under NEPA only. Tbls is Dot a aotke or final 
proJttt approval or eligibility, which is a FEMA lndivid.al Auinance proanm responsibility. 

Attachmenu: 

PCE.(jroup Tcmponuy Emergency Housing FEMA.I603/ 1607·DR.I...A.lndividual and Households Program 

REC Dauod; Januuy 26, 2006 

18 



R.toI&nrff Na-.c TIN Raadazm, EnviI'llWllCOUl Scientist. URS rroJf.d Na.tIE..,. l>atablH N,: Klaplty Ho.tt rropcr1yJOR-l~ 
DlI.....JE.c:rJClICY= FEMA-J603-DR-LA 'arida: Orin" 

tion 


Project Namo.!Number: Kingsley House Propeny/0R-154 

Project Locatiou! 1600 Constance Street, New Orleans LA 70130, Orleans Parish 

Proiect Description: The proposed project area consists of the installation of 90 Travel Trailers on 

4.5 acres located on two city blocks contained by Orange, Annunciation, Richard, and Magazine 
Streets, and is bisected by Constance Street. The project area consists of a flat grassy field with several 
trees in the northeast corner. Residential and commercial structures surround. the lot. Activities on the 
site will include the preparation and installation associated utilities. Utilities hookups are to be 
installed above ground with connections available from ex.isting lines along adjacent streets. 
Documentation Requirements 

All applicable laws and executive orders were reviewed. Additional information for compliance is 
attached to this REC andlor included in project files, as applicable. (Lon& venlon) 

National Environmental Policv Act (NEPAl Determination 

[gJ Programmatic Categorical Exclusion 

CoIMInIIS: Project is consistent with Programmatic Categorical Exclusion for Group Temporary Emergency Housing, 
Si ed October 21. 2005. 

Reviewer and Approvals 

o Project is Non-Compliant (See attached documentation justifying selection). 
FEMA Environmental Reviewer: 
Name: Tina Randazzo, Environmental Scientist, URS 
Signature ,'Z'/Ud RaadafJ§' Date _f'-.-..Jd<UL/''::''-",Q~&,--_~ 
FEMA Regional Environmental Officer or Delegated Approving Official: 


Name: Barbara Gimlin. Deputy Environmental Liaison Officer 
Signature Date ·


/)qkJ<{fJ I-??-a;

I. Compliance Review for Environmental Laws (other than NEPAl 
A. National Historic Preservation Act 
o Not type ofactivity with potential to affect historic properties. 
o Activity meets Prognunm.atic Apt:ement 
Are project conditions required? 0 Yes (sec section V) 0 No 
121 Progmnmatic Agreement not applicable, must conduct standard Set;:tion 106 Review. 

Record or Environmental Consideration 

19 



HISTORIC BUILDINGS AND STRUCTURES 

[gJ No historic properties that are listed or 45150 years or older in project area. (Review 
Concluded) 

D Building or structure listed or 45150 years or older in project area and activity not exempt 
from review. 

D Determination ofNo Historic Properties Affected (FEMA findingiSHPOrrHPO 
concurrence on file) 
Are project conditions required? D Yes (see section V) D 0 (Review 

Concluded) 

D Determination ofHistoric Properties Affected (FEMA findingiSHPOrrHPO 
concurrence on file) 

D Property a National Historic Landmark and National Park Service was 
provided early notification during the consultation process. If not, explain in 
comments 

D No Adverse Effect Determination (FEMA findingiSHPOrrHPO concurrence 
on file). 
Are project conditions required? D Yes (see section V) D No (Review 
Concluded) 

D Adverse Effect Determination (FEMA findingiSHPOrrHPO concurrence on 
file) 
D Resolution of Adverse Effect completed. (MOA on file) 
Are project conditions required D Yes (see section V) D No 

(Review Concluded) 

ARCHAEOLOGICAL RESOURCES 

D Project affects only previously disturbed ground. (Review Concluded) 
[gJ Project affects undisturbed ground. 
D Project area has no potential for presence ofarchaeological resources 
D Determination of no historic properties affected (FEMA findingiSHPOrrHPO 
concurrence or consultation on file). (Review Concluded) 
[gJ Project area has potential for presence of archaeological resources 
D Determination of no historic properties affected (FEMA findingiSHPOrrHPO 
concurrence on file) 
Are project conditions required D Yes (see section V) D No (Review 
Concluded) 

[gJ Determination of historic properties affected 
D NR eligible resources not present (FEMA findingiSHPOrrHPO 
concurrence on fi le). 
Are project conditions required DYes (see section V) D No 

(Review Concluded) 

[gJ NR eligible resources present in project area. (FEMA findingl 

SHPOfTHPO concurrence on file) 
[gJ No Adverse Effect Determination. (FEMA findingl SHPOrrHPO 
concurrence on file) 

20 



Are project conditions required? 1:8:1 Yes (see section V) D No 

<Review Concluded) 

D Adverse Effect Determination. (FEMA finding! SHPOrrHPO 
concurrence on fLle)

D Resolution ofAdverse Effect completed. (MOA on file) 
Are project conditions required? Dyes (see section V) 
DNo 

<Review Concluded) 

Comments: The NRHP lists the project APE as being located within the Lower Garden District 
Historic District in Orleans Parish. The Louisiana Division of Archaeology database reports 
numerous previously recorded archaeological sites located within 1.0 miles of the project APE 
associated with historic districts in New Orleans. The project will have no effect on these 
resources. At the time of the site visit, field personnel noted no apparent evidence of cultural, 
historical, or archaeological resources in the project APE. Sanborn Insurance maps from 1895 1896, 
1908 -1909, and 1937 -1951 volumes show numerous structures on the now empty lot. 
Construction methods in New Orleans tend to use pier foundations that leave little in the way of 
intact, subsurface features after demolition ofsuch buildings. However, the data do not exclude 
the possibility of more permanent building remains and associated features such as cisterns or 
privy pits in the project APE. Because ofthe temporary nature of the proposed project and 
because the project will involve above ground utilities on a previously disturbed lot, FEMA has 
determined that the current project would have no adverse effect on historic properties or the 
built environment of the Lower Garden District Historical District. Recorded by Vince Dongarra, 
NHP A coordinator, Secretary ofthe Interior Standards for Archaeology and Historic 
Preservation qualified investigator. 
Correspondellce/ColIsultatiolllReferellces: FEMA initiated consultation with the Louisiana 
State Historic Preservation Officer (SHPO) in a letter dated January 10, 2006. The Louisiana 
SHPO concurred with FEMA's determination in a letter dated January 18, 2006. 

B. Endangered Species Act 
1:8:1 No listed species and/or designated critical habitat present in areas affected directly or 
indirectly by the Federal action. <Review Concluded) 
D Listed species and/or designated critical habitat present in the areas affected directly or 
indirectly by the Federal action. 
D No effect to species or designated critical habitat. (See comments for justification) 
Are project conditions required? D Yes (see section V) D No <Review 
Concluded)

D May affect, but not likely to adversely affect species or designated critical habitat 
(FEMA determination/USFWSINMFS concurrence on file) <Review Concluded) 
Are project conditions required? D Yes (see section V) D No <Review 
Concluded)

D Likely to adversely affect species or designated critical habitat 
D Formal consultation concluded. (Biological Assessment and Biological 
Opinion on file) 

Are project conditions required? D YES (see section V) D NO (Review 
Concluded) 

21 


Comments: Project is located in a previously disturbed area within the City ofNew Orleans, LA. 

Listed species habitat does not occur on this site. 
CorrespolldenceiConsultationIRejerences: Field observation conducted on December 29, 200S 
and the USFWS emergency consultation provisions determined in USFWS letter dated 
September 27, 2005. 


C. Coastal Barrier Resources Act 
[8J Project is not on or connected to CBRA Unit or Otherwise Protected Area (Review 
Concluded).

oProject is on or connected to CBRA Unit or Otherwise Protected Area. (FEMA 
determinationlUSFWS consultation on file) 
o Proposed action an exception under Section 3505.a.6? (Review Concluded) 
oProposed action not excepted under Section 350S.a.6. 
Are project conditions required? 0 YES (see section V) 0 NO (Review 
Concluded) 

Comments: Orleans Parish does not contain land within the designated Coastal Barrier 
Resources System (CBRS). 
CorrespondenceiConsultationIRejerences: Field observations on December 29, 2005, USFWS 
consultation letter dated September 15, 2005, and the Louisiana Coastal Barrier Resource System 
Maps referenced January 21 , 2006. 

D. Clean Water Act 
[8J Project would not affect any waters ofthe U.S. (Review Concluded)
o Project would affect waters, including wetlands, ofthe U.S. 
o Project exempted as in kind replacement or other exemption. (Review Concluded) 
o Project requires Section 404/401 lor Section 9/10 (Rivers and Harbors Act) permit, 
including qualification under Nationwide Permits. 
Are project conditions required? 0 YES (see section V) 0 NO (Review 
Concluded) 
Comments: Jurisdictional Waters ofthe U.S. do not occur within the project area. 
CorrespondenceiConsultatiolllRejerences: Site visit conducted on December 29, 2005, and the 
USGS map, New Orleans East Quad. 

E. Coastal Zone Management Act 
o Project is not located in a coastal zone area and does not affect a coastal zone area (Review 
concluded) 
[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). 

oState administering agency requires consistency review. 
Are project conditions required? 0 YES (see section V) 0 NO (Review 
Concluded) 
22 



Comments: Proposed site occurs on previously disturbed land does not require LDNR, Coastal 
Management Division, Joint Permit. 
Correspol/del/ce/Consultation/Rejerel/ces: Guidance issued from LDNR, Coastal Management 
Division on September 21 , 2005. 


F. Fish and Wildlife Coordination Act 
C8J Project does not affect, control, or modify a waterwaylbody ofwater. <Review Concluded)
D Project affects, controls or modifies a waterwaylbody ofwater. 
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) D NO <Review 
Concluded) 

Comments: The proposed project will not adversely impact wildlife species or critical habitat. 
No streams or water bodies are located within or adjacent to the project area. 
Correspo1ldellce/Col/sultation/Rejerel/ces: Site visit conducted on December 29, 2005, and the 
USGS map, New Orleans East Quad. 

G. Clean Air Act 
C8J Project will not result in permanent air emissions. <Review Concluded) 
C8J 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) 

Commel/IS: Project is within an attainment area. The proposed project would include activities 
that would produce a minor, temporary, and localized impact on air quality from vehicle 
emissions and dust particles. Project will not result in permanent air emissions. 
Correspondence/Collsu/tation/Rejerellces: EPA Region 6 Designation 

H. Farmland Protection Policy Act 
C8J Project does not affect designated prime or unique farmland. <Review Concluded)
D Project causes unnecessary or irreversible conversion ofdesignated prime or unique 
farmland. 
D Coordination with Natural Resource Conservation Commission required. 
D Farmland Conversion Impact Rating, Form AD-I 006, completed. 
Are project conditions required? D YES (see section V) D NO <Review 
Concluded) 

IComments: FPPA is precluded in any developed urbanized area. 

23 



Correspondence/ConsultationiRejerences: Louisiana State Soil Conservation consultation on 
September 19, 2005, states From AD-I 006 for FPPA would not be required fo r emergency 
temporary housing sites. 

I. Migratory Bird Treaty Act 
o 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) 
Are project conditions required? 0 Yes (see section V) 0 No (Review 
Concluded) 

o Project has potential to take migratory birds. 
o Contact made with USFWS 
Are project conditions required? 0 YES (see section V) 0 NO (Review 
Concluded) 

Comments: The property is located within the Mississippi River flyway; however, 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. 
Correspondellce/ConsultationiRejerences: USFWS guidance letter dated September 27, 2005. 


J. Magnuson-Stevens Fishery Conservation and Management Act 
~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) 

o Project adversely affects Essential Fish Habitat (FEMA 
determinationlUSFWSfNMFS concurrence on file) 
oNOAA Fisheries provided no reco=endation(s) (Review Concluded). 
Are project conditions required? 0 Yes (see section V) 0 No (Review 
Concluded) 

oNOAA Fisheries provided reco=endation(s) 
o Written reply to NOAA Fisheries recommendations completed. 
Are project conditions required? 0 YES (see section V) 0 NO 
(Review Concluded) 
Comments: 
Correspondence/ConsuiJationiRejerences: 

K. Wild and Scenic Rivers Act 
~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) 
24 


D Project does not adversely affect WSR. (NPS/uSFS/uSFWSIBLM consultation on 
file) 
Are project conditions required? D YES (see section V) D NO (Review 
Concluded) 

Comments: No Wild and Scenic Rivers affected. 
CorrespondellceiConsllltationIReferences: Wild and Scenic River list for Louisiana, referenced 
January 21, 2006. 


L. Other Relevant Laws and Environmental Regulations 
INot applicable. 

n. Compliance Review for Executive Orders 
A. E.O. 11988 -Floodplains 
D No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) 
I:8J Located in Floodplain or Effects on FloodplainsIFlood levels 
I:8J No adverse effect on floodplain and not adversely affected by the floodplain. 

(Review Concluded), 

Are project conditions required? D Yes (see section V) D No (Review 
Concluded)

D Beneficial Effect on Floodplain OccupancyNalues (Review Concluded). 

D Possible adverse effects associated with investment in floodplain, occupancy or 

modification of floodplain environment 
D 8 Step Process Complete -documentation on file 
Are project conditions required? D YES (see section V) D NO (Review 
Concluded) 

Commellts: The project is mostly in flood Zone B, which is outside of the 100-year floodplain. A 

small portion ofthe southwestern most comer; however, is in flood Zone A-I, which is in the 

100-year floodplain. Per the 8 Step Planning Process there are limited practicable alternatives to 

siting temporary housing sites in the floodplain in this parish. The ability to locate sites outside 

the floodplain is limited because much of the region is floodplain and there is a tremendous 
demand for temporary housing assistance (travel trailers) close to the impact area. Final notice 
was published with a 3 day comment period starting on October 17-19, 2005 in the TimesPicayune. 
Compliance with EO 11988 does not preclude compliance with the National Flood 
Insurance Program's minimum requirements. 
CorrespolldellcelColIsllltationIRef ere1lces: FEMA Flood Insurance Rate Map, Panel 
2252030 160E, Revised March I, 1984. 

B. E.O. 11990 -Wetlands 
I:8J No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded)
D Located in Wetland or effects Wetland(s) 
D Beneficial Effect on Wetland -(Review Concluded) 

25 


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: No wetlands were observed during site visit or determined to be present by 
checking the USFWS National Wetlands Inventory website. 
Correspondence/CollsuitationiReferences: USFWS NWI map accessed online January 21 , 
2006. Field observation from December 29, 2005 site visit. 

C. E.O. 12898 -Environmental Justice For Low Income and Minority 
PopulationsD 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 
~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 percent populations of the 70130 zip code are: 49.2% Caucasian, 46.2% African 
American, and 4.9% Hispanic. The median household income in 1999 was $26,387 and 33.5 % 
of families are below poverty level. 
Implementation ofthe proposed action would result in beneficial impacts to displaced residents 
by providing temporary emergency housing within the general vicinity oftheir pre-disaster 
places of residences. The local community would benefit from the restoration ofnormal life to 
the community, including normalized employment patterns and commercial transactions. 
Correspondellce/ConsuliationiReferences: U.S Census Bureau 2000 data accessed on line 
January 21 , 2006. 

ill. 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). 

Hazardous Materials and Toxic Wastes 

Comments: First Search and the Louisiana Department of Environmental Quality (LDEQ) 
indicated no hazardous waste concerns within the vicinity of the project site. Review performed 
by Laurel Rohrer, Hazmar SpeCialist. 
Correspolldence/ColIsllitationiReferences: Environmental FirstSearch and LDEQ Report, 
January 4, 2006. 


26 



Traffic and Transportation 

Traffic from the construction of temporary housing would include daily workers, supply trucks 
and construction equipment, and therefore minor increases in traffic would be experienced. This 
traffic increase would be localized and would not exceed limitations ofthe current transportation 
network infrastructure. The impact would be short-term and limited to the duration of 
construction. Traffic volumes would also increase due to the Park residents. These traffic 
impacts would be limited to the duration of the need for temporary housing at this site. 

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 

o (i) Greater scope or size than normally experienced for a particular category of 
action 
o (ii) Actions with a high level ofpublic 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 ofthe proposed action may not be significant by 
themselves. 
IComments: 

V. Environmental Review Project Conditions 
27 

Project Conditions: 

This project must comply with aU conditions of the attached Programmatic Categorical 
Exclusion. In addition, the following conditions apply as a condition of FEMA funding: 

• 
This site is located in the floodplain and must accordingly comply with the minimum 
requirements ofthe National Flood Insurance Program as outlined in 44 CFR Part 60. 
Coordination must be done with the parish floodplain administrator to ensure compliance 
with the NFIP as administered in the local floodplain ordinance, which may be more 
stringent than the NFIP's minimum requirements, including issuance of appropriate 
permitting. 
• 
Per 44 CFR 9.11 (d)(8), minimization standards, existing flood warning and preparedness 
plans should be amended in consideration of the proposed action to minimize the effect 
of floods on human health, safety and welfare. This includes giving special consideration 
to unique hazard potential such as rapid-rise from a future flash flood. An evacuation 
plan that includes written evacuation procedures for the temporary housing site occupants 
must be prepared, posted and made available to them. 
• 
There is a reasonable potential for archaeological resources in the project APE. FEMA 
recommends that an archaeological monitor, meeting Secretary of the Interior Standards 
in Archaeology, be present for the excavation ofutility tie-in trenches. The monitor must 
be present during subsurface excavations. This individual will have authority to stop 
construction in affected area, until the discovery is evaluated. For more information, 
please refer to Section A: National Historic Preservation Act. 
28 



APPENDIXE 


29 



\ 
\ . 
\ 
\ 
I 
I 
I 
I 
• 
--I 
I 
I 
I 
I DTrenches 
\ 
\ . 
\ 
\ 
I 
I 
I 
I 
• 
--I 
I 
I 
I 
I DTrenches 
• 
AnnUIICiatiCO St

I 


Meters 
0 50 


Plan view of Kingsley House site. 

Area between dashed black line and trenches are to be archaeologically mitigated and 
areas outside dashed black line will not been mitigated. 

30 



APPENDIXF 


31 



II",e 12.2006 

MT, Donald R. Pal/Joy. REM 
rcecrtl.Elu"Il""L'Y M."i'JOInent Agency, R<ginn V1 

FI;J\4A-160}!I607-Dk-L4 
415 NtnO. u· Sln;ct 
!\atOll. Ro-uge; LooKian,7U802 

R<f: 
FEMA ln4ivldllOlAioi"",ncc P"'S"'.CoIl:i1rudionof 
Tcmpurmy Housing 5itt, WWIrr Carden Hi!tOJia; Dislriut 
lilt Ki:n~t:y ITOUIlC Archooloii!:al SiLe 
Ncw OIIcans.louAii.a.na 

I).., "IT. Fairley: 

TlIe ACI [P "115 rtt:e'i vcd. your notit~klnad.d suppllftin! docullloll!:nTJ.tiOl"l re~iDg the .d\,cnc -cffCct5-of 
the ccten;rleed undertakio.g O'JIlbc KlnJsJo)' Hoose J\tclltolugiC!'lt Site. wbie,", is located io lhc-l.O¥fCT 
GlU'dt:n Kwloric Uistrict in Now OcielWo, !..uubiDna. e"lJC:d .pan 1be wlI'J'III.iIolicm you pmyi:QQcI. Vr'C'..so.ac1 
bcli~'e tiW our ~clpotiOJ'l in C:OI\~vftation to rtsul~""C advet'lie cf'fcc.t:s is needed. Ho....·~\·t."f'. sllould 
Cj~!WlCCS<luauS~ and you d.c:t:cnnjne:tI!" ('\II panic-ip't'dlou J~ rtlquireu, plc.:..o;,e: notify US. Pw'SUt'lat to 
36 CFR SOO,(~bXivl, )'00 ",i11I1••d '" me wi.h"s thQ fi"al MClllOrlll4u'" ur Ab.....ml:f1. (MOA).n<\ 
n:Wcd dOCumC:ID1a1i.,1I .u 'he oondus.ioa. of lhe conQJJtat:ian pmcc."'. The filIne olthis MOA ",,·ith tbe 
ACH[I i& reqWted ill ank.... tn complete the: TeQU iremf'Jlts of Srt:Uun 106 altho N2.1ioMI Hisrorkl 

~lIIlimlAct. 

'lhJil1k ~tor ptovitllug Uli with your ncmticed(X'l (lfadwrsoe etr~.5, Shout.3 rClu. nu,'C: 1lI\~' qllc,ti~. 
conlsclJeffrey l'lIut>ill. hClIP fEMII. Lioiwa. by tclcphnnc II( (~Ol) 60~SSl8 '" y;', .....,1 .t 

.fFederal Agtn<)' P_, 

ADVl$(lRY COON:::Il ON HliTORIC PRESERVATlOfl. 

11OC' Pt:n"'!i~nilll A·#cru;:· NW. Sub 809 • W4Ishtngtoo, DC 2tt...L\I, 
Ie: W -bOt:·tr.JU3· "ale :r,v·t:tJ .,a.hAi • ~lbt:;'l~O'f' \\'~'"".~-:tlJ:' 

32 



APPENDIXG 



John L N,u, III 

en,man 

Susan S. Barnes 

Va Ch,irmln 

John M. Fowfer 
Executive Director 


Preserving Americal Heritage
May 23, 2007 


Honorable R. David PauJi.ooo 

AdminiJIrato< 

FocIonl ra._Muagement Apoc:y 

Federal Ceotc:r PlAza 

SOO C Street, SW., Room 821 

WashiogIon. DC 204n 

Ref. 
Proposed C<»utrucl;"" ofTelffJXJ'ary HOIUIng Sile 
Using FEMA 1ttdivlduoJ Asslslance l'rogrom FIINb 
FEMA-I6QJ-DR-LA 
0rleQ1U Parish, N .... OrI«l1lS, louisiana 


Dear Mr. Paulisoo: 

10 respoDiO to • ooti/iutioo by FEMA, we wish to inform you that the Advisory Couoc:il 00 Historic 

~o(ACHP) will porticipote in the OODI_ to develop. Memoraodum of Agreement for 

the c:otIItnJCtioo ofa temponry housina sito in the Lower Garden Historic District, io New Orleans, 

LouisiIoa, with fimdiA& tIuou&b FBMA's Iodividual Assislarx:e Program. 

UDder Scotioe 106 ofthe Natioe.aI HisIoric rr-rvotioo Act ODd the ACHP', implcmootio& ~gulalions. 
_ ofHisloric PI_lies" (36 CFR Part 100), the fedcnl_ is required to provide the 
ACHP a rusonabIe 0f!p0ltIIDity to 00_ODd to CODIuh with the s-HisIoric Preservatioo Officer, 

Iodiao tribes, ODd other oo..."kin, parties 10 develop ODd evalualo alternatives 0< modifications 10 itJ 
uodertakinp that could avoid, mjnjmjm aadlor mitipte potential advene cffeccs OIl historic properties. 
Our dec:isioo to porticipate in this ooosIlItatioo _ made baaed on Appendix A, Crilerla/or Cormcll 
lnvolvurmt jn Revtewillfr 1ttdivlduoJ SectIon 106 Casu, to Part 100 ofour ~auJatioos, and our 
uodcntooding that this proposed undertakio& may bave the poteolial to Jl""IOnt important questions of 
policy ODd procedural problems. 

As _ ofFEMA, we _ ~uimdby 36 CFR flOO.6(aXIXili) to provide you with this notice. We 
bave a1so ootified Howard R. Bush, Environmental Liaison Officer, in FEMA's Louisiana TflllSitioeal 
Recovery Office. At this time, we _ ~DO further action from your office. We look forward to 
worldoa with FEMA and other porti.. in this consultalioo. 

s~:;. ~_~ 
]~OWler

El<l>CUtiv.Dim:tor 

ADVISORY COUNOl ON HISTORtc PRESERVATION 

1100 Pennsyfv.".. Awnue NIN. Suite 8CW • Washington. OC 200)4 
Phon.: 202..al6-8503 • Fa: 202-606-8647 • ac:hpO, chp.gov. www..chp.goy 



APPENDIXH 



, 



Preservmg Arrtenca s Hentagc 

May 23, 2007 

Mr. Howard R. Bush 

Environment.a.l Liaison OfftCer 

Federal Emt_ Management Agency 

LouiJiana TronsitiooaJ Recov'ry Offiu 

'I Stine Court, Sui.. 109 

N.w Orleans, LA 701 14 
Ref: 
Proposed CofUtruction ofTemporary HOU3ing Sile 
at KinlPley House Archaeological Site 
U'lng FEMA Individual Aui3lance Program Fun<b 
FEMA·I60J·DR·LA. 

Orleom Paruh. New OrlftW. Louisiana 

Dear Mr. Bush: 

The Advisory Council on Historic: _on(ACHP) ....iv.d FEMA's notification and supporting 

doc:WDtlllation thaI the ref...,,,,,",, undtrta1ting may odversc:ly affect the Kingsley HolISt MhoeoJogic:a1 

Site. wbicb is located in the Lower Garden Historic District in New Orleans, Louisiana. This historic 

clislrict is list<d in the National Regisl<r of Historic PJoces. In occordanc:e with 36 CFR §IOO.6(a)( I) and 
§100.14(b) ofthe ACHP's resutations, "Protection ofHisloric Propenies" (36 CFR Part 800), the ACHP 
has <oo<luded thai Appendix A, CriterialOt' COIll1CII InvoIvtm.1Il In Revl .... lng Individual Section 106 
Casu. ofthe regulations apply to this undtr1aking. The ACHP,therefore, will participate in <OO3ullalion 
with FEMA, the Louisiana Slate Historic Preservation OffICer (SHPO), and ocher consulting parties in 

order to seek ways to avoid, minimize, or mitigate any adverse: effects that the tmdertaking may have on 

this historic property. 

Based upon our review of the supponina doc:umentation and our participation in teleconferences and 

meetings regarding the undtr1akin& the ACHP has concluded that Crit<rion 2, p,.,tIIl, Important 
Question> ojPoIiq and Inle,.",..lation, ofAppendix A, will be mel. We bel~. thai this cri..rion is 
applicable be<:aust coosultation on the proposed project may influenc. the coordination ofthe Section 

106 review process for other public assisunce projects related to hurricane recovery efforts in Louisiana. 

We are JWQvidinl written notifICation, eopy enclosed. oftbe ACHP's decision to enter c:onsultalion on this 

project to R. David Paulison, Di=lOrofFEMA, as required by 36 CFR §IOO.6(a)(IXiii). 

ADVISORY COUNCil ON HISTORIC PRESERVATION 

1100 Pennsytv. n,. Av.nue NW. Suite 8)9 • Wash,ngton. DC 20004 
Phone 202-606-8503 . Fa;<. 202-60b-8647 · achpOachp.gov . wwwKhp.gov 



-2


w. Ioat fIIrwInIlD ......'... COIII"1ra!jm wid> ~Ibc ~Ijsi_ SHPO, IDd 0Cber COIIIIIItiDa 
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APPENDIX I 


38 



EARTH SEARCH, INC. 

TEC~CALPROPOSAL 

PHASE ill CULTURAL RESOURCES INVESTIGATION 
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) 
TEMPORARY HOUSING 
KINGSLEY HOUSE PROJECT AREA 
NEW ORLEANS, LOUISIANA 


Introduction 

During March and April of 2006, archaeologists from Earth Search, Inc., began 
recordation and documentation of historic features exposed by trenching 
associated with the development of a Federal Emergency Management Agency 
(FEMA) temporary housing site by the Shaw Group. The site is located in the 
Lower Garden District National Historic District, adjacent to the Kingsley House 
community center. As originally planned, the site encompassed the entirety of 
City Square 111, the block bounded by Constance Street to the west, Orange 
Street to the north, Annunciation Street to the east, and Richard Street to the 
south, along with a contiguous portion of City Square 146, the block bounded by 
Constance, Orange, Richard, and Magazine streets. All excavation was limited 
to City Square 111 prior to the abandonment of the development. The block had 
been occupied by green space, including some trees at its northeast corner. City 
Square 111 occupies a total of 2.72 A (1.1 hal. 

A total of 55 features (53 of them historic) were documented during the 
recordation effort. The Kingsley House Site was subsequently designated as 
State Site # 160R221. Features included brick footings, chain walls, brick-lined 
privies, subsurface cisterns and wells, patio surfaces, and wooden posts, along 
with areas of artifact-rich sheet midden. Many of these features had been 
partially destroyed by trenching, while others had only been exposed in trench 
walls. In addition, two aboriginal pottery sherds were recovered from a trench 
wall in an area with intact stratified midden. This document presents a plan with 
which to initially maintain and prepare the site. It then presents a strategy to 
conduct further archaeological investigations for two main purposes: to clarify the 
nature and research potential of potentially stratified deposits, and to sample fill 
from artifact-rich features damaged by or exposed in trenches. Appropriate 
additional historic background research will be conducted in order to provide a 
better historic context for archaeological remains at the site and, when possible, 
to link artifactual assemblages to specific lots and/or households. A report of 
these investigations will be produced after completion of fieldwork. 

Task 1, Site Preparation 

Site preparation will consist of an eight-step process with the goal of restoring the 
site to its pre-development conditions. The steps in the process are interrelated 
and should follow a close timeline once initiated. 

The first step in the process shall consist of hiring a professional exterminator to 
visit the site, evaluate rodent activity, and implement a plan by which any rodent 
infestation may be eliminated. The exterminator shall walk the entire site, identify 
potential burrows and problem areas, and bait each of these areas. At least four 
days will be allowed for this to have an effect on the population. At this point, all 
bait stations will be checked and rebaited if necessary. An additional three days 
will be allowed for the rebaited stations to remain active prior to mowing. 


Within a week after initial baiting, a professional contractor will be hired to mow 
the entire site. This will likely require a bush hog-type commercial mower. The 
contractor will also be responsible for removing debris exposed by this process, 
including trash along the outside of the fence that bounds the property. An 
archaeologist will be present during mowing in order to coordinate with the 
contractor regarding sensitive archaeological features. Mowing and cleaning the 
site will likely take 3 to 5 days. 

After mowing is completed, archaeologists from Earth Search, Inc., will check 
conditions of the trenches. Archaeologists will confirm total station coordinates of 
significant features and deposits. This should require no more than 2 days. If it 
may be coordinated such that the time overlaps with the time required for 
mowing, it will be conducted concurrently. 

When locational data has been confirmed , archaeologists will assess areas of 
trenches containing sensitive features. When necessary, visqueen will be placed 
over features or in the interior of trenches in order to better protect them during 
backfilling. 

Backfilling, requiring the use of a wheeled front loader backhoe, will be initiated 
when features have been adequately protected. Existing backdirt piles will be 
utilized to the fullest extent possible in order to backfill trenches on site. 
Archaeologists will again be present in order to ensure that there is as little 
additional impact to archaeological remains on site as possible during this 
process. The visqueen and initial backfilling process is anticipated to take no 
more than 3 days. 

After the initial backfilling effort is completed, fill in the trenches will be allowed to 
settle. It is anticipated that additional fill will be required in order to complete the 
backfilling of the trenches, and that the amount needed will not be known until 
there has been adequate time for natural settling. Although the amount of time 
may vary with weather conditions, it is expected that this will take at least 2 
weeks. When trenches have adequately settled, trenches will be further 
backfilled to grade with sterile soil as appropriate. This process should take no 
more than 2 days. After backfilling is completed, the entire area will be grass 
seeded. 

Any artifacts recovered during site preparation will be prepared for curation with 
the Louisiana Division of Archaeology to all applicable standards. If possible, 
analysis of these artifacts will be incorporated into any subsequent report of 
investigations associated with the site. 

Task 2, Background Research 

Background research will be conducted in order to provide both historic and 
prehistoric overview contexts for the site. As the majority of material anticipated 
to be recovered at the site is from the historic period, background research will 
focus on this period. In general, the historic background will provide information 
on ownership and land-use for the block. Specific primary sources, including 
historic maps, federal census records, city directories, tax and probate records, 
and so on, will be consulted as available. In addition, specific chain-of-title 
research will be conducted for addresses in which archaeological features and 
deposits are being investigated. 

40 


Further research will be conducted in order to place site-specific issues in a 
broader local, regional, and national context. This may allow for a more 
comprehensive assessment of archaeological remains on the block. 

Task 3, Unit Excavation 

Archaeological data recovery at the site will consist of the excavation of 16 
square meters, allocated to specific locales as follows: 

Feature 22, 34, and 47 are brick-lined privy shafts exposed in the walls of 
trenches. After initial exposure and documentation, each appeared to be fully 
intact. Subsequently, Feature 22 was partially looted by bottle hunters. Two 
square meters of fill from each of these features shall be excavated in order to 
sample the artifact-rich interior fill. 

Feature 20 and 29 are brick footings associated with dense midden deposits. 
The degree of stratification and exact association of these deposits is unclear 
from initial investigations. Therefore, 2 square meters will be excavated in the 
vicinity of each feature in order to clarify these issues. 

Feature 26 is an area with a series of stratified midden deposits, including a 
context likely dating to the early nineteenth century. Additionally, two aboriginal 
pottery sherds were recovered from this area, and it is unclear if they represent a 
distinct prehistoric stratum. Six units will be excavated in this area in order to 
better understand the nature and association of the discrete components 
identified in the trench. 

Hand excavation units will be excavated by natural strata to sterile subsoil, and each 
stratum will be divided into levels not exceeding 10 centimeters in thickness. Material from the 
units will be water screened through 1/4 inch mesh. A pump(s) will be placed on the bank of the 
borrow pond to facilitate water screening. 

All features uncovered in the hand excavation units will be planned and photographed. 
Feature fi ll will be excavated separately. All features will be cross-sectioned, drawn, and rephotographed. 
Features will be numbered sequentially and recorded on the appropriate forms. 
Plan drawings will be made at the bottom of each level, and a plan drawing of the final floor will 
be prepared for each hand excavation unit. A minimum of two profiles will be drawn and 
photographed in each excavation unit to demonstrate stratigraphy. . 

A 5 liter flotation sample of soil will be collected from one 10 centimeter level within 
each culturally positive natural stratum (excluding topsoil) in each of the hand excavation units. 
Normally, all feature fill will be floated, but in the case of features greater than 30 liters in 
volume, only a 10-liter sample of the soil will be floated. The remaining feature fill will be 
screened. 

Task 4, Report Production 

The techniques ofterminus post quem, mean ceramic dating, and bracketed dating will be 
utilized as applicable to date individual features and deposits. A comprehensive ceramic 
classificatory system (Yakubik 1990) wit! be employed to facilitate examination of economic 
and site chronology issues. Minimum numbers ofvessels will be calculated for both ceramic and 

41 



glass artifacts. Artifact functional groups will be analyzed utilizing a flexible formal typology 
(Yakubik and Franks 1992b, Franks and Yakubik 1991). 

Faunal material recovered from water screening and flotation will be analyzed. The 
heavy fraction from flotation will be sorted through nested 114", I/S", and 1/16" mesh in the 
laboratory. Material from the 1/4" and I/S" samples will be analyzed, and the 1/ 16" sample will 
be examined to determine if it can provide additional information. Identification of species, bone 
elements, and age, will be undertaken as applicable. Basic information will be quantified, 
including Number of Identified Specimens, Minimum Number of Individuals, and available 
biomass. Sampling procedures will be employed as necessary to avoid time-consuming 
collection of redundant data. Samples chosen for investigation will be determined by the analyst 
in consultation with the excavators. 

Macrobotanical remains will be collected during field excavations through systematic soil 
sampling. Plant remains recovered through water flotation will be separated into two size 
fractions (>2 mm and <2 mm) for analysis. From the larger size fraction (>2 mm), all categories 
of vegetative material (i.e. wood, nuts, seeds, pits, etc.) will be removed for identification. Seeds 
and the remains of cultivated plant parts will be gleaned from the <2 mm size fraction. All 
identifications will be made with the aid of standard texts, and confirmed against a modem 
reference collection germane to the flora of the project area. Sampling procedures will be 
employed as necessary to avoid time-consuming collection of redundant data. Samples chosen 
for investigation will be determined by the analyst in consultation with the excavators. 

All artifacts, samples, field records, maps, plans, and photographs will be curated with 
the Louisiana Division of Archaeology. These materials and records will be cataloged utilizing 
the format currently employed by the State Archaeologist. 

Task V: Technical Report 

Four copies ofa draft report of investigations will be submitted within 360 days ofaward. 
The report will be prepared in a manner consistent with the Scope of Services. It will integrate 
the result of historical, archaeological, and geomorphic research with the results of fieldwork and 
laboratory analyses. Detailed analyses as related to issues identified in the research design will 
be presented. In addition, the research design will be assessed by the extent to which the 
proposed field and analytic methodologies facilitated addressing research objectives. 

Two copies of a preliminary final report will be submitted following receipt of comments 
on the draft report, and following its acceptance, 50 copies of the final, one reproducible master 
copy, a CD-ROM containing the report in .pdf format, and a diskette containing report files and 
all appendices will be submitted to the NODCOE. 

Task 5, Geographic Information System Project Data 

GIS data will be provided in ESRl shapefile database format with all associated 
information and map document files. All geospatial data will be in the Louisiana State Plane 
Coordinate System, LA STP Zone 1702, NADS3, and units of survey feet. Additionally, all 
attribution will conform to the latest USACE Spatial Data Standards (http://tsc.wes.army.mil). 
GIS features will include all information compiled for site maps such as site boundaries, location 
of site datum, features and artifact scatters, locations of all subsurface testing units, and 
prominent natural and cultural features in the subject site area, as well as permanent landmarks. 

42 



Deliverables 

The draft cultural resources report will be prepared and submitted within 20 weeks of the 
completion of field investigations. Upon receipt of review comments, a preliminary final will be 
prepared. Upon acceptance of the preliminary final, 40 perfect bound copies of the [mal report, 
one unbound master, and an electronic copy of the report will be delivered to the COTR. 

43