g**??Jg?!!*-^^ ?orden' Environmental Specialist Project Name/Env. Database No: Loyola University Thomas Hall FEMA-1603/1607-DR-LA PW#8404 Parish: Orleans Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL -LOUISIANA ~ 2006 See44CodeofFederalRegulationPart 10 Project Name/Number; Loyola University Thomas Hall / PW#8404 FIPS#000-UMQEE-00 Project Location: 6363 St. Charles Ave., Box 11, New Orleans, LA 70118, Orleans Parish Latitude: 29.93398, Longitude: -90.12154 Project Description: Heavy rains and high winds from Hurricane Katrina (DR-1603) caused significant exterior and interior damage to the Loyola University Thomas Hall. This pw reimburses the eligible applicant for repair and/orremoval/replacement of 2168 SF ofceiling tiles. Hazard mitigation will be achieved by installing fiberglass film-faced boards inlieuofmineralfibertiles. Allworkwill beperformed inapreviouslydisturbedareawithno indicationofnearby waterways or other bodies of water. Documentation Requirements • (Short version) All consultation and agreements implemented to comply with the National Historic Preservation Act, Endangered Species Act, and Executive Orders 11988, 11990 and 12898 are completed and no other laws apply. (Review Concluded) S (Long version) All applicable laws and executive orders were reviewed. Additional information for compliance is attached tothis REC and/or included inproject files, asapplicable. National Environmental Policy Act (NEPA) Determination • Statutorily excluded from NEPA review. (Review Concluded) D Programmatic Categorical Exclusion -Category (Reference PCE in comments) (Review Concluded) [J Categorical Exclusion -Category CI No Extraordinary Circumstances exist. Are project conditions required? • Yes (see section V) • No (Review Concluded) • Extraordinary Circumstances exist (See Section IV). • Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? • Yes (see section V) • No (Review Concluded) CD Environmental Assessment • Supplemental Environmental Assessment (Reference EA or PEA in comments) [3 Environmental Impact Statement Comments: This project meets the criteria for the alternative arrangement, permanent school, type ofproject. This project has conditions and requires mitigation under the other EHP laws. Reviewer and Approvals • Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer: Name: Adam Borden, FEMA-Environmental Specialist Signature J&lflaag: /?^ "_ Date ' ""c?^ ( ^W Record of Environmental Consideration (Version 07/21/06) Reviewer Name: Adam Borden, Environmental Specialist Project Name/Env. Database No: Loyola University Thomas Hall FEMA-1603/1607-DR-LA PW#8404 Parish: Orleans FEMA Regional Environmental Officer or Delegated Approving Official: Name: Don Fairley, Environmental Liason Officer Signature />~p>-/^^— -^^ Date ~~?-3l-0L, % I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act (NHPA) • Not type ofactivity with potential to affect historic properties. ^ Activity meets Programmatic Agreement, December 3, 2004. Appendix A: II-A4, II-A2, Il-Cl Are project conditions required? ^ Yes (see Section V) • No • Programmatic Agreement not applicable, must conduct standard Section 106 Review. HISTORIC BUILDINGS AND STRUCTURES ^ No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) • Building or structure listed or 45/50 years or older in project area and activity not exempt from review. • Determination ofNo Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? • Yes (see Section V) fj No (Review Concluded) • Determination ofHistoric Properties Affected (FEMA finding/SHPO/THPO concurrence on file) • Property aNational Historic Landmark and National Park Service was provided early notification duringtheconsultation process. Ifnot,explain in comments • No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required? • Yes (see Section V) • No (Review Concluded) • Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file) • Resolution ofAdverse Effect completed. (MOA on file) Are project conditions required fj Yes (see Section V) • No (Review Concluded) ARCHEOLOGICAL RESOURCES ^ Project affects only previously disturbed ground. (Review Concluded) LJ Projectaffectsundisturbedground. • Project area has no potential for presence ofarcheological resources • Determination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence or consultation on file). (Review Concluded) [J Project area has potential for presence ofarcheological resources • Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required • Yes (see Section V) • No (Review Concluded) LJ Determination of historic properties affected • NR eligible resources not present (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required QYes (see Section V) • No (Review Concluded) • NR eligible resources present in project area. (FEMA finding/ SHPO/THPO concurrence on file) • No Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) Are project conditions required? fj Yes (see Section V) • No (Review Concluded) • Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) • Resolution ofAdverse Effect completed. (MOA on file) Are project conditions required? [j Yes (see Section V) • No (Review Concluded) Comments: FEMA'S Programmatic Agreement (PA), dated December 3,2004, provides for expedited project review under Section 106 ofthe National Historic Preservation Act (NHPA). The scope ofwork assubmitted inthis pw has been reviewed and meets the criteria outlined inAppendix A, programmatic allowances, section {II-A4, II-A2, Il-Cl}, ofthe document. Inaccordance with the PA, FEMA isnot required tosubmit projects tothe State Historic Preservation Officer (SHPO)forreviewwheretheworkperformedmeetstheseallowances. ThisconcludestheSection106reviewforthis Record of Environmental Consideration (Version 07/21 /06) Reviewer Name: Adam Borden, Environmental Specialist Project Name/Env. Database No: Loyola University Thomas Hall FEMA-1603/1607-DR-LA PW#8404 Parish: Orleans projectin keeping with the stipulations ofthe PA, all proposed repair activities should be done in-kind to match existing materialsandform. Anychangetotheapprovedscopeofworkwillrequireresubmissionforre-evaluationundersection 106 and consultation with the SHPO. Non-compliance may jeopardize the receipt offederal funding. V.Gomez, Historic Preservation Specialist Correspondence/Consultation/References: B. Endangered Species Act ^ No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) • Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. • No effect to species or designated critical habitat. (See comments for justification) Are project conditions required? • Yes (see Section V) • No (Review Concluded) • May affect, but not likely to adversely affect species or designated critical habitat (FEMA determination/USFWS/NMFSconcurrenceonfile) (ReviewConcluded) Are project conditions required? • Yes (see Section V) • No (Review Concluded) LJ Likelyto adversely affectspeciesor designated critical habitat • Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: Projectislocatedinanurbanorpreviouslydevelopedarea. Neitherlistedspeciesnortheirhabitatoccurinor nearthissite,thus FEMAfinds therewillbenoeffecttothreatenedorendangeredspecies. Correspondence/Consultation/References: USFWS emergency consultation provisions determined in letters dated September 15, 2005 for Katrina. C. Coastal Barrier Resources Act [3 ProjectisnotonorconnectedtoCBRAUnitorOtherwiseProtectedArea(ReviewConcluded). • Project is on orconnected to CBRA Unit or Otherwise Protected Area. (FEMA determination/USFWS consultation on file) • Proposed action an exception under Section 3505.a.6 (Review Concluded) fj Proposed action not excepted under Section 3505.a.6. Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: Project is not within a CBRA zone. Correspondence/Consultation/References: Louisiana Coastal Barrier Resource System Maps referenced 07/21/06. D. Clean Water Act ^ Project would not affect any waters ofthe U.S. (Review Concluded) • Project would affect waters, including wetlands, ofthe U.S. • Project exempted as in kind replacement or other exemption. (Review Concluded) • Project requires Section 404/401/or Section 9/10 (Rivers and Harbors Act) permit, including qualification under Nationwide Permits. Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: NojurisdictionalwatersoftheU.S., includingwetlands,occurinor neartheprojectarea. Correspondence/Consultation/References: USFWS National Wetlands Inventory map (http://www.fws.gov/nwi/) queried on 07/21/06. E. Coastal Zone Management Act • Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) S Projectislocatedina coastalzoneareaand/oraffectsthecoastalzone ^ State administering agency does not require consistency review. (Review Concluded). LJ Stateadministering agencyrequiresconsistency review. Are project conditions required? • YES (see Section V) fj NO (Review Concluded) Comments: This project islocated within theLouisiana Coastal Management Zone. LADepartment ofNatural Resources (DNR) has determined that receipt offederal assistance is consistent with the Louisiana Coastal Resource Program. Projects Record of Environmental Consideration (Version 07/21/06) Reviewer Name: Adam Borden, Environmental Specialist Project Name/Env. Database No: Loyola University Thomas Hall FEMA-1603/1607-DR-LA PW#8404 Parish: Orleans within the coastal zone may still require acoastal use permit or other authorization from DNR. Projects may be coordinated by contacting LA DNR at 1-800-276-4019. Correspondence/Consultation/References: LDNR Louisiana Coastal Zone map 2002. F. Fish and Wildlife Coordination Act S Project does not affect, control, or modify awaterway/body ofwater. (Review Concluded) LJ Project affects controls or modifies a waterway/body of water. • Coordination with USFWS conducted 3 No Recommendations offered by USFWS. (Review Concluded) • Recommendations provided by USFWS. Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: Nostreams orwater bodies arelocated inorneartheproject area. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.govA queried 07/21/06. G. Clean Air Act ~2 Project will not result in permanent airemissions. (Review Concluded) El Project islocated in anattainment area. (Review Concluded) LJ Project is located in a non-attainment area. • Coordination required with applicable state administering agency. Are project conditions required? • YES (see section V) Q NO (Review Concluded) Comments: This project involves the demolition orrenovation ofa public structure. Regardless ofthe asbestos content, the applicant is responsible for ensuring that renovation ordemolition activities are coordinated with the Louisiana Department ofEnvironmental Quality (LDEQ) in accordance with the LDEQ "Sixth Amended Declaration ofEmergency and Administrative Order" dated March 31, 2006, and the LESHAP protocol dated March 1, 2006, incorporating the provisions ofEPA's National Emission Standards for Hazardous AirPollutants (NESHAP) and theLouisiana Administrative Code (LAC) 33.III.5151 and Chapter 27. Should Asbestos Containing Materials (ACMs) be present atthe project site, the applicant isalso responsible for ensuring proper disposal in accordance with the previously referenced administrative orders. Correspondence/Consultation/References: EPA Region 6 Non-attainment Map. H. Farmland Protection Policy Act ^ Project does not affect designated prime orunique farmland. (Review Concluded) • Project causes unnecessary or irreversible conversion ofdesignated prime or unique farmland. • Coordination with Natural Resource Conservation Commission required. • Farmland Conversion Impact Rating, Form AD-1006, completed. Are project conditions required? [j YES (see section V) • NO (Review Concluded) Comments: The project site isin adeveloped urbanized area and Farmland Protection Policy Act (FPPA) is precluded. No prime or unique farmland present. Correspondence/Consultation/References: National Resource Conservation Service, Web Soil Survey (http://websoilsurvev.nrcs.usda.gov/app/ keferenced 07/21/06. I. Migratory Bird Treaty Act "2 Project not located within a flyway zone. (Review Concluded) ^ Project located within a flyway zone. 03 Project does not have potential to take migratory birds. (Review Concluded) Are project conditions required? • Yes (see section V) [3 No(Review Concluded) • Projecthaspotentialtotake migratorybirds. • Contactmade with USFWS Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: The siteisan existing disturbed area with little value tomigratory birds andwould notbe included inthe ttccwc ™;~-„*„„, u;.j * USFWS migratory bird management program. RecordofEnvironmental Consideration(Version07/21/06) Reviewer Name: Adam Borden, Environmental Specialist Project Name/Env. Database No: Loyola University Thomas Hall FEMA-1603/1607-DR-LA PW#8404 Parish: Orleans Correspondence/Consultationmeferences: USFWS guidance letter dated September 15, 2005 for Katrina J. Magnuson-Stevens Fishery Conservation and Management Act 13 Project not located in or near Essential Fish Habitat. (Review Concluded) • Project located in ornear Essential Fish Habitat. • Project does not adversely affect Essential Fish Habitat. (Review Concluded) Are project conditions required? • Yes (see Section V) • No (Review Concluded) • Project adversely affects Essential Fish Habitat (FEMA determination/USFWS/NMFS concurrence on file) • NOAA Fisheries provided no recommendation(s) (Review Concluded). Are project conditions required? • Yes (see Section V) Q No (Review Concluded) • NOAA Fisheries provided recommendation(s) • Written reply to NOAA Fisheries recommendations completed. Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: Project is not located in or near any surface waters with the potential to affect EFH species. Correspondence/Consultation/References: Louisiana Map (http://wwlamap.doa.louisianagoy/) referenced 07/21 /06. K. Wild and Scenic Rivers Act E3 Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) • Project is along oraffects WSR • Project adversely affects WSR as determined by NPS/USFS. FEMA cannot fund the action. (NPS/USFS/USFWS/BLM consultation on file) (Review Concluded) • Project does not adversely affect WSR. (NPS/USFS/USFWS/BLM consultation on file) Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: National Wild and Scenic Rivers http://www.nps.gov/rivers/wildriverslisthtml referenced 07/21/06. L. Other Relevant Laws and Environmental Regulations State Hazardous Materials and Solid Waste Laws Comments: 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 orregulated infectious wastes must be segregated from and excluded from nonhazardous debris collection, staging, processing and disposal sites. Failure to comply with applicable legal requirements in debris collection and/or disposal operations will jeopardize federal funding. The clean-up or restoration/repair of sites damagedasaresultofsuchoperationsareineligibleforfederalfunding. Previouslyobligatedfundingissubjecttodeobligation ifa determination ofineligibility ismade. II. Compliance Review for Executive Orders A. E.0.11988 -Floodplains • No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) £3 Located in Floodplain or Effects on Floodplains/Flood levels 13 No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded). Are project conditions required? • Yes (see Section V) E3 No (Review Concluded) • Beneficial Effect on Floodplain Occupancy/Values (Review Concluded). • Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment • 8 Step Process Complete -documentation on file Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: The site is located in Zone B. http://store.msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId= 10001&catalog!d= 10001&langld=-1. Record of Environmental Consideration (Version 07/21/06) Reviewer Name: AdamBorden, Environmental Specialist Project Name/Env. Database No: Loyola University Thomas Hall FEMA-1603/1607-DR-LA PW#8404 Parish: Orleans The city ofNew Orleans/Orleans Parish is enrolled in the National Flood Insurance Program (NFIP), as of 08/03/70. Per 44 CFR part 9.5 (c) (13), project is exempt from floodplain management review. J. Schexnayder, Environmental Specialist. Correspondence/Consultation/References: FEMA Flood Insurance Rate Map, Community Panel No. #225203 0160 E B. E.0.11990-Wetlands ^ No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) • Located in Wetland or effects Wetland(s) • Beneficial Effect on Wetland -(Review Concluded) • Possible adverse effect associated with constructing in or near wetland 3 Review completed as part offloodplain review • 8 Step Process Complete -documentation on file Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: No wetlands were observed during site visit or determined to be present by checking the USFWS National Wetlands Inventory (NWI)maps. Correspondence/Consultation/References: USFWS NWI map accessed on-line (http://wetlandsfws.er.usgs.gov/wtlnds/launch.html) 07/21/06. C. E.0.12898 -Environmental Justice for Low Income and Minority Populations • No Low income or minority population in, near or affected by the project -(Review Concluded) ^ Low income or minority population in or near project area £3 No disproportionately high and adverse impact on low income or minority population-(Review Concluded) • Disproportionately high or adverse effects on low income or minority population Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: The percent populations of70118 are: 51.6% Black, 44.6% White and 3.2% Hispanic. The median household incomein1999was$28,006and 18.7%offamiliesarebelowpovertylevel. Correspondence/Consultation/References: U.S. Census bureau 2000 dataat http://factfinder.census.gov referenced 07/19/06. III. Other Environmental Issues Identifyotherpotentialenvironmentalconcernsinthecommentboxnotclearly falling underalawor executive order (see environmental concerns scoping checklist for guidance). State Hazardous Materials and Solid Waste Laws Comments: -Removal and disposal ofdebris containing household hazardous waste and certain categories ofliquid wastes must be performed in accordance with all applicable federal and state laws, regulations, executive orders and guidelines. LAC title 33 part VII requires that specified items, including lead acid batteries, used oil filters, used motor oil, scrap tires, cfc's (refrigerants), radioactive waste orregulated infectious wastes must be segregated from and excluded from nonhazardous debris collection, staging, processing and disposal sites. Failure to comply with applicable legal requirements in debris collection and/or disposal operations will jeopardize federal funding. The clean-up orrestoration/repair ofsites damaged as aresult ofsuch operations are ineligible for federal funding. Previously obligated funding is subject to de- obligation if a determination of ineligibility is made. Correspondence/Consultation/Reference: IV. Extraordinary Circumstances Based onthe review ofcompliancewithotherenvironmental laws andExecutive Orders, and in considerationofotherenvironmental factors, reviewtheproject forextraordinarycircumstances. Record of Environmental Consideration (Version 07/21/06) Reviewer Name: Adam Borden, Environmental Specialist Project Name/Env. Database No: Loyola University Thomas Hall FEMA-1603/1607-DR-LA PW#8404 Parish: Orleans *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 • (i) Greater scope or size than normally experienced for aparticular category ofaction • (ii) Actions with ahigh level ofpublic controversy • (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; • (iv) Employment of unproven technology with potential adverse effects or actions involving uniqueor unknownenvironmentalrisks; • (v) Presence of endangered or threatened species or their critical habitat, or archaeological, cultural,historicalor otherprotectedresources; • (vi) Presence ofhazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiring actionor attention; U (vii) Actions with the potential toaffect special status areas adversely orother critical resources such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, sole or principaldrinkingwateraquifers; • (viii) Potential for adverse effects on health or safety; and • (ix) Potential to violate afederal, state, local or tribal law or requirement imposed for the protection of the environment. • (x) Potential for significant cumulative impact when the proposed action is combined with other past, present and reasonably foreseeable future actions, even though the impacts ofthe proposedactionmaynot be significantbythemselves. Comments: None V. Environmental Review Project Conditions Project Conditions: The following conditions apply as a condition of FEMA funding reimbursement: • Thisprojectinvolvesthedemolitionorrenovationofa publicstructure. Regardlessoftheasbestoscontent,the applicant isresponsible forensuringthatrenovation ordemolition activities arecoordinatedwiththe Louisiana DepartmentofEnvironmentalQuality(LDEQ) inaccordancewiththeLDEQ"FifthAmendedDeclarationof Emergency and Administrative Order" dated March 31,2006, and the LESHAP protocol dated March 1, 2006, incorporating the provisions ofEPA's National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Louisiana Administrative Code (LAC) 33.III.5151 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 orders. • Removal and disposal ofdebris containing household hazardous waste and certain categories ofliquid wastes must be performed in accordance with all applicable federal and state laws, regulations, executive orders and guidelines. LAC title 33 part VII requires that specified items, including lead acid batteries, used oil filters, used motor oil, scrap tires, cfc's (refrigerants), radioactive waste orregulated infectious wastes must be segregated from and excluded from 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 ofsites damaged as aresult ofsuch operations are ineligible for federal funding. Previouslyobligatedfunding issubjecttode-obligationifa determinationofineligibility ismade. • Inaccordance with the PA, FEMA isnotrequired tosubmit projects tothe State Historic Preservation Officer (SHPO) forreview where theworkperformed meets these allowances. Thisconcludes theSection 106 review for this project.in keeping with the stipulations ofthe PA, all proposed repair activities should bedone in-kind to match existing materials and form. Any change tothe approved scope ofwork will require resubmission for reevaluation under section 106 and consultation with the SHPO. Non-compliance may jeopardize the receipt of federal funding. Record of Environmental Consideration (Version 07/21 /06)