Record of Environmental Consideration See 44 Code ofFederal Regulation Part 10. Project NamelNumber: CNO -Satellite Kitchen / PW 11268 Project Location: 2761 Gravier Street, New Orleans, Louisiana Orleans Parish 70119 (N29.96123, W-90.09256) Project Description: Project activities include removing and replacing the entire 40'x 60' building and the concrete slab in the same location per the 50% rule. Codes and Standards will apply to the construction ofthe new building. Documentation Requirements D No Documentation Required (Review Concluded) D (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) ~ (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 D Statutorily excluded from NEP A review. (Review Concluded) D Programmatic Categorical Exclusion -Category (Review Concluded) D Categorical Exclusion -Category D No Extraordinary Circumstances exist. Are project conditions required? D Yes (see section V) D No (Review Concluded) D Extraordinary Circumstances exist (See Section IV). o Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? D Yes (see section V) D No (Review Concluded) D Environmental Assessment D Supplemental Environmental Assessment (Reference EA or PEA in comments) I:8J Environmental Impact Statement Comment: Although this project would have qualified as a CATEX (xv) under 44 CFR part 10.8 (d)(2), this project meets the definition of critical infrastructure (Government and Court Administration Buildings) under the Alternative ArrangementS for NEP A compliance. This project has conditions and requires~mitigation under the other EHP~laws which are listed under the NEPA level ofenvironmental review in the project worksheet. Any changes to this approved scope of work will require submission to, and evaluation and approval by, the state and FEMA prior to initiation ofany work, for compliance with the National Environmental Policy Act. The applicant is required to obtain and comply with all local, state and federal penn its and requirements. Non-compliance with the requirements noted above may jeopardize the receipt of federal funding. Reviewer and Approvals o Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Perry J. Boudreaux, Environmental Specialist Signature ?-;;;;::;.-~ __ • Date__9::..:../..:...:7/..:2=OO"-"6'----___---.:. 7 FEMA Regional Environmental Officer or delegated approving official. Name: Howard R. Bush, ELO Signature 7...--;;;;;r--p ,<"""'=' . Date_---'9'-!..17.!...!/=2.:::;..OO=6"--____--! I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act D Not type ofactivity with potential to affect historic properties. (Review Concluded) D Applicable executed Programmatic Agreement December 3, 2004 D Activity meets Programmatic Allowance Section Are project conditions required? D Yes (see section V) D No (Review Concluded) mSTORIC BUILDINGS AND STRUCTURES D No historic properties that are listed or 45150 years or older in project area. (Review Concluded) ~Building or structure listed or 45150 years or older in project area and activity not exempt from review. ~Determination ofNo Historic Properties Affected (FEMA fmdingiSHPOITHPO concurrence on file) Are project conditions required? ~Yes (see section V) D No (Review Concluded) D Determination ofHistoric Properties Affected (FEMA fmdingiSHPOITHPO 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 findingiSHPOITHPO concurrence on file). Are project conditions required? D Yes (see section V) D No (Review Concluded) D Adverse Effect Determination (FEMA fmdingiSHPOITHPO 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) ARCHEOLOGICAL RESOURCES ~Project affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground. D Project area has no potential for presence ofarcheological resources D Determination of no historic properties affected (FEMA findingiSHPOITHPO concurrence or consultation on file). (Review Concluded) D Project area has potential for presence of archeological resources D Determination of no historic properties affected (FEMA fmdingiSHPOITHPO concurrence on file) Are project conditions required D Yes (see section V) D No (Review Concluded) D Detemfuiation ofhistotit-propertiesaffected D NR eligible resources not present (FEMA fmdingiSHPOITHPO concurrence on file). Are project conditions required DYes (see section V) D No (Review Concluded) D NR eligible resources present in project area. (FEMA fmdingl SHPOITHPO concurrence on file) D No Adverse Effect Determination. (FEMA findingl SHPOITHPO concurrence on file) Are project conditions required? D Yes (see section V) D No (Review Concluded) D Adverse Effect Determination. (FEMA findingl SHPOITHPO 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) Comments: 917106 -The property has been detennined by FEMA to be not eligible for listing in the National Register or located within the boundaries of a National Register District. Concurrence with this detennination was received from the SHPO dated 915106. In keeping with this detennination, the proposed project will have no effect on historic resources. This concludes the Section 106 review for this project. Joshua Barbee, Historic Preservation Specialist. 8/31/2006 -Scope of work indicates ground disturbing activities associated with the demolition and rebuild of the structures within their pre-disaster footprint only. Upon consultation of data provided by SHPO, there are no known archaeological sites within .5 miles ofthe project area however investigation ofhistoric maps identified non-extant structures dating to the 19th century within it. FEMA, in consultation with the State Historic Preservation Officer (SHPO), has detennined that to ensure that no adverse effect to archaeological resources occurs, archaeological monitoring will be a requirement during demolition, site preparation, and the initial phase of construction on the new buildings (e.g. foundation) (see attached correspondence). Additionally, demolition must follow the low impact demolition stipulations & additional protocols which are attached. The stipulations and protocols should be explicit in the demolition contract. Failure to comply with these stipUlations & additional protocols will jeopardize receipt of federal funding. If during the course of work, unmarked graves are discovered, compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq.) is required. The applicant shall notify the law enforcement agency ofthe jurisdiction where the remains are located within twenty-four hours of the 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. If this scope of work and/or the footprint/location ofthe new buildings change, this project will need to be resubmitted for further Section 106 review prior to ground disturbing activities taking place outside ofthe pre-disaster footprint ofthe building and additional archaeological testing will be required. -Katherine Zeringue, Historic Preservation Specialist/Archaeologist Correspondence/Consultation/References: B. Endangered Species Act [gJ 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 detenninationlUSFWSINMFS 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 Fonnal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? D YES (see section V) D NO (Review Concluded) IComments: None C. Coastal Barrier Resources Act [gJ Project is not on or connected to CBRA Unit or Otherwise Protected Area (Review Concluded). D Project is on or connected to CBRA Unit or Otherwise Protected Area. (FEMA detenninationlUSFWS consultation on file) DpIOp()~ega~ti911al! exceptio!! l!nder Section 3505.a.6? (Review Concluded) D Proposed action not excepted under Section 3505.a.6. . .... . .. Are project conditions required? D YES (see section V) 0 NO (Review Concluded) Comments: None Correspondence/Consultation/References: 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 404/401l0r 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: Project is not in or adjacent to any waterways of the US. Correspondence/Consultation/References: 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). o State administering agency requires consistency review. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments; This project is located within the Louisiana Coastal Management Zone. La Department of Natural Resources 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 or other 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 [8j Project does not affect, control, or modify a waterwaylbody of water. (Review Concluded) o Project affects, controls or modifies a waterwaylbody of water. o Coordination with USFWS conducted o No Recommendations offered by USFWS. (Review Concluded) o Recommendations provided by USFWS. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: Project is not in or adjacent to any waterways of the US. Correspondence/Consultation/References: G. Clean Air Act [8j Project will not result in permanent air emissions. (Review Concluded) o Project is located in an attainment area. (Review Concluded) o Project is located in a non-attainment area. o Coordination required with applicable state administering agency .. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: Project will not result in permanent air emissions. Correspondence/Consultation/References: H.Farmland Protection Policy Act [8j Project does not affect designated prime or unique farmland. (Review Concluded) o Project causes unnecessary or irreversible conversion of designated prime or unique farmland. o Coordination with Natural Resource Conservation Commission required. o Farmland Conversion Impact Rating, Form AD-l 006, completed. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: None Correspondence/Consultation/References: I. Migratory Bird Treaty Act D 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? D Yes (see section V) ~No (Review Concluded) D Project has potential to take migratory birds. D Contact made with USFWS Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: See letter from Don Fairley to Mr. Russ Watson with USF&WS, dated 09114/2005. 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://pacificflyway.govlDocumentslMississippi map.pdf, J. Magnuson-Stevens Fishery Conservation and Management Act [8J Project not located in or near Essential Fish Habitat. (Review Concluded) D Project located in or near Essential Fish Habitat. D Project does not adversely affect Essential Fish Habitat. (Review Concluded) Are project conditions required? D Yes (see section V) D No (Review Concluded) D Project adversely affects Essential Fish Habitat (FEMA determinationlUSFWSINMFS concurrence on file) DNOAA Fisheries provided no recommendation(s) (Review Concluded), Are project conditions required? D Yes (see section V) D No (Review Concluded) D NOAA Fisheries provided recommendation(s) D Written reply to NOAA Fisheries recommendations completed. Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: None Correspondence/Consultation/References: K. Wild and Scenic Rivers Act [8J Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) D Project is along or affects WSR D Project adversely affects WSR as determined by NPSIUSFS. FEMA cannot fund the action. (NPSIUSFSIUSFWS/BLM consultation on file) {Review Concluded) D Project does not adversely affect WSR. (NPSIUSFSIUSFWSIBLM consultation on file) Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: None Correspondence/Consultation/References: L. Other Relevant Laws and Environmental Regulations II. Compliance Review for Executive Orders A. E.O. 11988 -Floodplains D No Effect on FloodplainslFlood levels and project outside Floodplain -(Review Concluded) ~Located in Floodplain or Effects on FloodplainslFlood levels D 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), [8J Possible adverse effects associated with investment in floodplain, occupancy or modification offloodplain environment ~ 8 Step Process Complete -documentation on file Are project conditions required? ~YES (see section V) 0 NO (Review Concluded) Comments 07/19/2006 -The City ofNew OrleanslOrleans Parish enrolled in the National Flood Insurance Program 08/0311970. Per Flood Insurance Rate Map 225203 0160e, dated 03/0111984, project is located in Zone "A4", area of 100year flood; base flood elevations and flood hazard factors determined. Project is for reconstruction incorporating applicable codes and standards. Project impacts a potentially historic facility, for which alternatives may be limited due to its historic nature. Applicant shall coordinate with the local floodplain administrator for floodplain permit requirements (elevate to base flood elevation with freeboard, relocate, or flood proof). Applicant is responsible for meeting all permit requirements. Applicant shall follow all applicable local, state and federal laws, regulations and requirements; obtain and comply with all required permits and approvals prior to initiating work on this project. All coordination pertaining to these permits should be documented and copies provided to La GOHSEP and FEMA as part of the permanent project files. In compliance with E.O. 11988, an 8-step process has been completed and is attached. A cumulative public notice was published in the New Orleans Times Picayune, Baton Rouge Advocate, Lafayette Daily Advertiser, Lake Charles American Press and the Hammond Star, November 7-9,2005. Per 44 CFR 9.1 I (d)(9), for the replacement of building contents, materials, and equipment, where possible, the building shall be disaster proofed and/or such future losses shall be eliminated by relocation ofthese building contents, materials, and equipment outside or above the advisory base floodplain elevation. Per 44 CFR 9.12, applicant must publish a final public notice fifteen (15) days prior to the start of construction activities. Final public notice is to be forwarded to the La GOHSEP and FEMA for inclusion in the permanent project files. Dana Mehlman, Env. Spec. Correspondence/Consultation/References: B. E.O.11990 -Wetlands ~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) D Possible adverse effect associated with constructing in or near wetland D Review completed as part of floodplain review D 8 Step Process Complete -documentation on file Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. E.O.12898 -Environmental Justice For Low Income and Minority Populations ~No Low income or minority population in, near or affected by the project -(Review Concluded) D Low income or minority population in or near project area D No disproportionately high and adverse impact on low income or minority population-(Review Concluded) D Disproportionately high or adverse effects on low income or minority population Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: None Correspondence/Consultation/References: III. Other Environmental Issues Identify otber potential environmental concerns in tbe comment box not clearly falling under a law or execlitiveorder (see environmental concerns scoping cbecklist for guidance). Comments: None Correspondence/Consultation/References: 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 ofaction o (ii) Actions with a high level ofpublic controversy o (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; o 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: None V. Environmental Review Project Conditions Project Conditions: 1. Applicant shall coordinate with the local floodplain administrator for floodplain permit requirements (elevate to base flood elevation with freeboard, relocate, or flood proof). Applicant is responsible for meeting all permit requirements. Applicant shall follow all applicable local, state and federal laws, regulations and requirements; obtain and comply with all required permits and approvals prior to initiating work on this project. All coordination pertaining to these permits should be documented and copies provided to La GOHSEP and FEMA as part ofthe permanent project files. Per 44 CFR 9.11 (d)(9), for the replacement of building contents, materials, and equipment, where possible, the building shall be-disaster-proofed andlor-such future-losses shall be eliminated-byrelocation of these building contents, materials, and equipment outside or above the advisory base floodplain elevation. Per 44 CFR 9.12, applicant must publish a final public notice fifteen (15) days prior to the start ofconstruction activities. Final public notice is to be forwarded to the La GOHSEP and FEMA for inclusion in the permanent project files. 2. FEMA, in consultation with the State Historic Preservation Officer (SHPO), has determined that to ensure that no adverse effect to archaeological resources occurs, archaeological monitoring will be a requirement during demolition, site preparation, and the initial phase ofconstruction on the new buildings (e.g. foundation) (see attached correspondence). Additionally, demolition must follow the low impact demolition stipulations & additional protocols which are attached. The stipulations and protocols should be explicit in the demolition contract. Failure to comply with these stipulations & additional protocols will jeopardize receipt of federal funding. If during the course of work, unmarked graves are discovered, compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq.) is required. The applicant shall notify the law enforcement agency ofthe jurisdiction where the remains are located within twenty-four hours ofthe discovery. The applicant shall also notify FEMA and the Louisiana Unmarked Burial Sites Board (call the Louisiana Division ofArcheology at 225-342-8170) within seventy-two hours of the discovery. Ifthis scope ofwork and/or the footprintllocation of the new buildings change, this project will need to be resubmitted for further Section 106 review prior to ground disturbing activities taking place outside of the pre-disaster footprint ofthe building and additional archaeological testing will be required. 3. Unusable equipment, debris and material shall be disposed ofin an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation ofthe project applicant shall handle, manage, and dispose ofpetroleum products, hazardous materials and/or toxic waste in accordance to the requirements and to the satisfaction ofthe governing local, state and federal agencies. 4. Mercury containing devices -this project potentially involves the disposal of metallic mercury containing electronic devices. The applicant is responsible for ensuring that these devices are recovered, recycled, reused or sequestered in accordance with the Louisiana Department ofEnvironmental Quality (LDEQ) "Declaration ofEmergency; Mercury-containing Devices and Electronic Equipment as Universal Waste" letter dated October 3,2005. 5. Removal and disposal ofdebris containing household hazardous waste and certain categories of liquid 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 or regulated infectious wastes must be segregated 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-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. 6. 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, S1. Bernard, St. Charles, St. John the Baptist, St. Tammany, Tangipahoa and Washington are under quarantine. The movement ofwood or cellulose material, temporary housing or architectural components (e.g. beams, doors and other wood Record ofEnvironrnental Consideration 8 salvaged from a structure) may not leave the quarantined parishes without written authorization from the commissioner of the Louisiana Department ofAgriculture and Forestry or his designee(s). 7. This project involves the demolition or renovation of a public structure that may contain surfaces coated with lead-based paint (LBP). Activities involving abrading (sanding, scraping, etc.), heating, stripping, or otherwise concentrating LBP shall comply with applicable provisions of29 CFR Parts 1910 and 1926 (OSHA -Worker Safety), and 40 CFR 260 through 268 (EPA -Hazardous Waste). The applicant is responsible for ensuring that renovation or demolition activities are coordinated with the Louisiana Department of Environmental Quality for abatement activities and is also responsible for ensuring proper disposal in accordance with the previously referenced regulations. 8. This project involves the demolition or renovation of a public structure. Regardless ofthe asbestos content, the applicant is responsible for ensuring that renovation or demolition activities are coordinated with the Louisiana Department of Environmental Quality (LDEQ) in accordance with the LDEQ "Sixth Amended Declaration of Emergency and Administrative Order" dated June 30, 2006, incorporating the provisions ofEPA's National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Louisiana Administrative Code (LAC) 33.III.SlSI and Chapter 27. Should asbestos containing materials (ACMs) be present at the project site, the applicant is also responsible for ensuring proper disposal in accordance with the previously referenced administrative order. Monitoring Requirements: None