Reviewer Name: Perry Boudreaux Applicant: City of New Orleans Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program /Fire Station #8 Record of Environmental Consideration See 44 Code of Federal Regulation Part 10. Project Name/Number: Fire Station #8 / PW 8628 Project Location: 3300 Florida Ave. New Orleans, Louisiana Orleans Parish 70! 17 (N29.9839, W-90.0364) Project Description: Project activities include removing and replacing 16 wood doors, 28 linear feet of wood lockers, 36 square feet of 12"x 12" ceiling tile, 524 linear feet of rubber base, one square roofing, ten 2'x 3' wood window casements, five 6'x 8' half round wood windows, one 50 gallon water heater, one 7.5-ton air cooled condensing unit, 100 lbs. of duct work, 24 square feet insulation, refrigerant piping, one high pressure sodium light, and all electrical equipment. Hazard mitigation proposal is included to raise the condensing unit onto an elevated metal platform. Documentation Requirements I I No Documentation Required (Review Concluded) I I (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) 1X1 (Long version) All applicable laws and executive orders were reviewed. Additional information for compliance is attached to this REC. National Environmental Policy Act (NEPA) Determination Statutorily excluded from NEPA review. (Review Concluded) _J Programmatic Categorical Exclusion -Category (Review Concluded) I I Categorical Exclusion -Category I I No Extraordinary Circumstances exist. Are project conditions required? [_j Yes (see section V) Q No (Review Concluded) I I Extraordinary Circumstances exist (See Section IV). I I Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? [_J Yes (see section V) [J No (Review Concluded) Environmental Assessment Supplemental Environmental Assessment (Reference EA or PEA in comments) 1X1 Environmental Impact Statement Comment: Although this project would have qualified as a CATEX (xv) and (xvi) under 44 CFR part 10.8 (d)(2), this project meets the definition of critical infrastructure (Permanent Police and Fire Stations) under the Alternative Arrangements for NEPA compliance. This project has conditions and requires mitigation under the other EHP laws which are listed under the NEPA level of environmental 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 of any work, for compliance with the National Environmental Policy Act. The applicant is required to obtain and comply with all local, state and federal permits and requirements. Non-compliance with the requirements noted above may jeopardize the receipt of federal funding. Record of Environmental Consideration 1 11/13/06 Reviewer Name: Perry Boudreaux Applicant: City of New Orleans Disaster/Emergency/Program/Project Title: DR1603L.A/Hurricane Katrina/ Public Assistance Program / Fire Station #8 Reviewer and Approvals | | Project isNon-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Perry J. Boudreaux, Environmental Specialist Signature /^~^~ O-^ ^ . Date 11/13/2006 , FEMA Regional Environmental Officer or delegated approving official. Name: Howard R. Bush, ELO Signature *f^—^fl^-g^ Date 11/13/2006 . I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act 1a1 Not type ofactivity with potential toaffect historic properties. (Review Concluded) I IApplicable executed Programmatic Agreement December 3,2004 I IActivity meets Programmatic Allowance Are project conditions required? fj Yes (see section V) fj No (Review Concluded) HISTORIC BUILDINGS AND STRUCTURES [X] Nohistoric properties thatare listed or45/50 years orolder inproject area. (Review Concluded) I I Buildingorstructurelistedor45/50yearsorolderin projectareaandactivitynotexemptfromreview. I IDetermination ofNo Historic Properties Affected (FEMA finding/SHPO/THPO concurrence onfile) Are project conditions required? O Yes (see section V) Q No (Review Concluded) l~l Determination of Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) I IProperty aNational Historic Landmark and National Park Service was provided early notification during the consultation process. If not, explain in comments I INo Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required? \_\ Yes (see section V) fj No (Review Concluded) I IAdverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file) I I Resolution of Adverse Effect completed. (MOA on file) Are project conditions required fj Yes (see section V) fj] No (Review Concluded) ARCHEOLOGICAL RESOURCES IX] Project affects only previously disturbed ground. (Review Concluded) I IProject affects undisturbed ground. I~l Project area has no potential for presence ofarcheological resources [~1 Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence or consultation on file). (Review Concluded) I IProject area has potential for presence ofarcheological resources I I Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required fj Yes (see section V) O No (ReviewConcluded) I I Determination of historic properties affected I INReligible resources notpresent (FEMA finding/SHPO/THPO concurrence onfile). Areproject conditions required QYes (seesection V) Q No (Review Concluded) l~l NR eligible resources present in project area. (FEMA finding/ SHPO/THPO concurrence on file) 1 INo Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) Are project conditions required? rj Yes (seesection V) CD No(Review Concluded) l~l Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) l~l Resolution of Adverse Effect completed. (MOA on file) Record of Environmental Consideration 2 11/13/06 Reviewer Name: Perry Boudreaux Applicant: City of New Orleans Disastcr/Emergency/Program/Project Title: DRI603LA/ Hurricane Katrina/Public Assistance Program / Fire Station #8 Areproject conditions required? O Yes (seesection V) O No (Review Concluded) 11.13.06-Thestructuredoesnotmeetthe45-year-criterion, nordoesitpossessthelevelofexceptional importance required by Criterion Consideration G of the National Register Guidelines to be considered eligible for the National RegisterofHistoricPlaces. Inaddition,therewillbenogrounddisturbingactivity. Therefore,theproposedworkwillhave no effect on historic properties. James Crouch, Historic Preservation Specialist Correspondence/Consultation/References: B. Endangered Species Act [X] No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) LJ Listedspeciesand/ordesignatedcriticalhabitatpresentinthe areasaffecteddirectlyor indirectlybythe Federalaction. I INoeffecttospeciesordesignatedcriticalhabitat. (Seecommentsforjustification) Are project conditions required? [j Yes (see section V) LI No(Review Concluded) II May affect, but not likely to adversely affect species or designated critical habitat (FEMA determination/USFWS/NMFS concurrence on file) (Review Concluded) Are project conditions required? O Yes (see section V) Q No (Review Concluded) ["71 Likely toadversely affect species ordesignated critical habitat I I Formal consultation concluded. (Biological Assessment and Biological Opinion onfile) Are project conditions required? Ll YES (see section V) Q NO (Review Concluded) Comments: None C. Coastal Barrier Resources Act [X] Projectisnotonor connectedtoCBRAUnitorOtherwiseProtectedArea(Review Concluded). I~l Project isonor connected toCBRA Unit orOtherwise Protected Area. (FEMA determination/USFWS consultation on file) I IProposed action an exception under Section 3505.a.6? (Review Concluded) I IProposed action not excepted under Section 3505.a.6. Are project conditions required? |_~| YES (seesection V) Q NO (Review Concluded) Comments: None Correspondence/Consultation/References: D. Clean Water Act £3 Project would not affect any waters oftheU.S. (Review Concluded) I IProject would affect waters, including wetlands, oftheU.S. 3 Projectexemptedasinkindreplacementorotherexemption. (Review Concluded) [J Project requires Section 404/401/or Section 9/10 (Rivers and Harbors Act) permit, including qualification under Nationwide Permits. Are project conditions required? O YES (see section V) Q NO (Review Concluded) Comments: Project is not in or adjacent to any waterways of the US. Correspondence/Consultation/References: E. Coastal Zone Management Act J Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) 1X1 Project islocated ina coastal zone areaand/or affects thecoastal zone ^ State administering agency does notrequire consistency review. (Review Concluded). I~l State administering agency requires consistency review. Are project conditions required? Q YES (see section V) Ll NO(ReviewConcluded) Record of Environmental Consideration 3 11/13/06 Reviewer Name: PerryBoudreaux Applicant: City of New Orleans Disaster/Emcrgency/Program/Project Title: DR1603LA/ Hurricane Katrina/ Public Assistance Program / Fire Station #8 Comments: ThisprojectislocatedwithintheLouisianaCoastalManagementZone. LaDepartmentof 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 [>P Project does not affect, control, ormodify a waterway/body ofwater. (Review Concluded) 1 IProject affects, controls ormodifies awaterway/bod) ofwater. f*~| Coordination with USFWS conducted J No Recommendations offered by USFWS. (Review Concluded) 1 I Recommendations provided by USFWS. Areproject conditions required? LI YES (seesection V) LI NO (Review Concluded) Comments: Project is not in or adjacent to any waterways of the US. Correspondence/Consultation/References: G. Clean Air Act 1X1 Project will not result in permanent airemissions. (Review Concluded) _ Project is located in an attainment area. (Review Concluded) I IProject islocated ina non-attainment area. LJ Coordination required with applicable state administering agency.. Are project conditions required? O YES (see section V) O NO (Review Concluded) Comments: Project will not result in permanent air emissions. Correspondence/Consultation/References: H. Farmland Protection Policy Act 1X1 Project does not affect designated prime or unique farmland. (Review Concluded) LJ Project causes unnecessary or irreversible conversion of designated prime or unique farmland. |~1 Coordination with Natural Resource Conservation Commission required. LI Farmland Conversion Impact Rating, Form AD-1006, completed. Areprojectconditions required? O YES (seesection V) LI NO (Review Concluded) Comments: None Correspondence/Consultation/References: I. Migratory Bird Treaty Act J 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? • Yes (seesection V) ^ No(ReviewConcluded) [J Project has potential totake migratory birds. • ContactmadewithUSFWS Areproject conditions required? LI YES (seesection V) • NO (Review Concluded) Comments: See letterfrom Don Fairley to Mr. Russ Watson with USF&WS, dated 09/14/2005. Specifically, FEMA has determined that restoration projects funded with federal resources will not have adverse impacts on migratory birds or other fish and wildlife reserves. These determinations are based on the understanding that the conditions outlined in the Louisiana Endangered Species Summary are met. Correspondence/Consultation/References: http://pacificflyway.gov/Documents/Mississippi_map.pdf. Record of Environmental Consideration 4 11/13/06 Reviewer Name: Perry Boudreaux Applicant: City of New Orleans Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina/ Public Assistance Program / Fire Station #8 J. Magnuson-Stevens Fishery Conservation and Management Act 1X1 Project notlocated inornearEssential Fish Habitat. (Review Concluded) I I Project located inornearEssential Fish Habitat. I I Project does not adversely affect Essential Fish Habitat. (Review Concluded) Are project conditions required? LJ Yes (see section V) LI No (Review Concluded) I I Project adversely affects Essential Fish Habitat (FEMA determination/USFWS/NMFS concurrence on file) I INOAA Fisheries provided norecommendation(s) (Review Concluded). Are project conditions required? [__ Yes (see section V) [j No (Review Concluded) LJ NOAA Fisheries provided recommendation(s) 1 I Written reply to NOAA Fisheries recommendations completed. Are project conditions required? [J YES (see section V) LI NO (Review Concluded) Comments: None Correspondence/Consultation/References: K. Wild and Scenic Rivers Act 1X1 Projectisnotalongand doesnotaffect WildorScenic River(WSR)-(ReviewConcluded) I IProject isalong oraffects WSR L]ProjectadverselyaffectsWSRasdeterminedbyNPS/USFS. FEMAcannotfundthe action. (NPS/USFS/USFWS/BLM consultation on file) (Review Concluded) • Project does notadversely affect WSR. (NPS/USFS/USFWS/BLM consultation on file) Are project conditions required? LI YES (see section V) LI 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 HNo Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) 1XJ Located in Floodplain or Effects on Floodplains/Flood levels l~~lNoadverseeffectonfloodplainandnot adverselyaffectedbythe floodplain. (ReviewConcluded). Are project conditions required? L] Yes (see section V) LI No(Review Concluded) J Beneficial Effect on Floodplain Occupancy/Values (Review Concluded). 1X1 Possibleadverseeffectsassociated with investmentinfloodplain, occupancyormodificationoffloodplain environment 1X1 8 Step Process Complete -documentation on file Are project conditions required? ^ YES (see section V) LI NO(Review Concluded) Comments 06/27/2006 -The City of New Orleans and Orleans Parish enrolled in the National Flood Insurance Program (NFIP) 08/03/1970. Per Flood Insurance Rate Map (FIRM) 225203 0095e, project is located in Zone "A3", area of 100year flood; base flood elevations and flood hazard factors determined. Project is for repairs to Fire Station #13 damaged by flood waters and hurricane force winds. Hazard mitigation proposals are attached. Applicant shall follow all applicable local, state and federal laws, regulations and requirements. 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. Alternatives have been considered and are listed in step 3, alternative 3. Per 44 CFR 9.11(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 of these building contents, materials, and equipment outside or above the advisory base floodplain. Per 44 CFR 9.12, applicant must publish a final public notice 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. Kristen Roof, Floodplain Management Specialist. Correspondence/Consultation/References: Record of Environmental Consideration 5 11/13/06 Reviewer Name: Perry Boudreaux Applicant: City of New Orleans Disaster/Emergency/Program/Projcct Title: DRI603LA / HurricaneKatrina/ PublicAssistanceProgram/ FireStation#8 B. E.O. 11990-Wetlands IXI No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) 1 | Located in Wetland or effects Wetland(s) [~| Beneficial Effect on Wetland -(Review Concluded) I 1Possibleadverseeffectassociatedwithconstructinginornear wetland |~l Review completed aspartof floodplain review I | 8 Step Process Complete -documentation on file Are project conditions required? LI YES (see section V) [_] NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. E.O. 12898 -Environmental Justice For Low Income and Minority Populations 1X1NoLow incomeorminoritypopulation in,nearor affectedbythe project-(ReviewConcluded) I | Low income orminority population inornearproject area LI No disproportionately high and adverse impact on low income or minority population-(Review Concluded) I | Disproportionately high or adverse effects on low income or minority population Are project conditions required? LI YES (see section V) L] NO (Review Concluded) Comments: None Correspondence/Consultation/References: III. 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). 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 shouldbeappliedinconjunctionwithcontroversyonanenvironmental issue. Ifthecircumstancecanbemitigated, please explain in comments. If no, leave blank. Yes (i) Greater scope or size than normally experienced for a particular category of action 1 | (ii) Actions with a high level of public controversy LI (iii) Potential for degradation, eventhough slight, of already existing poor environmental conditions; |~l (iv)Employment of unproven technology with potential adverse effects or actions involving unique or unknown environmental risks; LI (v) Presence of endangered or threatened species or theircritical habitat, or archaeological, cultural, historical or other protected resources; I | (vi) Presence of hazardous or toxic substances at levels which exceed Federal, stateor local regulations or standards requiring action or attention; LI (vii) Actions with thepotential to affect special status areas adversely or othercritical resources such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, sole or principal drinking water aquifers; Record of Environmental Consideration 6 11/13/06 Reviewer Name: Perry Boudreaux Applicant: City of New Orleans Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / Fire Station #8 I I (viii) Potential for adverse effects onhealth or safety; and LI (ix) Potential to violate a federal, state, local ortribal law or requirement imposed for the protection of the environment. [~1 (x) Potential for significant cumulative impact when the proposed action iscombined with other past, present and reasonably foreseeable future actions, even though the impacts of the proposed action may not be significant by themselves. Comments: None V. Environmental Review Project Conditions Project Conditions: 1. Per 44 CFR 9.11 (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 of these building contents, materials, and equipment outside or above the advisory base floodplain. Per 44 CFR 9.12, applicant must publish a final public notice 15 days prior to the start ofconstruction activities. Final public notice is to be forwarded to the LAOHS/OEP and FEMA for inclusion in the permanent project files. 2. Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project applicant shall handle, manage, and dispose of petroleum products, hazardous materials and/or toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. 3. 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 of Environmental Quality (LDEQ) "Declaration ofEmergency; Mercury-containing Devices and Electronic Equipment as Universal Waste" letter dated October 3, 2005. 4. Removal and disposal of debris 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. 5. In accordance with the Formosan Termite Initiative Act, (La R.S. 3:3391.1 thru 3391.13) the Louisiana Parishes of Calcasieu, Cameron, Jefferson Davis, Orleans, Jefferson, Plaquemines, St. Bernard, St. Charles, St. John the Baptist, St. Tammany, Tangipahoa Record of Environmental Consideration 7 11/13/06 Reviewer Name: Perry Boudreaux Applicant: City of New Orleans Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / Fire Station #8 and Washington are under quarantine. The movement of wood or cellulose material, temporary housing or architectural components (e.g. beams, doors and other wood salvaged from a structure) may not leave the quarantined parishes without written authorization from the commissioner of the Louisiana Department of Agriculture and Forestry or his designee(s). 6. This project involves the demolition or renovation of a public structure that may contain surfaces coated with lead-based paint (LBPj. Activities involving abrading (sanding, scraping, etc.), heating, stripping, or otherwise concentrating LBP shall comply with applicable provisions of 29 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. 7. This project involves the demolition or renovation of a public structure. Regardless of the 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 "Seventh Amended Declaration of Emergency and Administrative Order" dated August 28, 2006, incorporating the provisions of EPA's National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Louisiana Administrative Code (LAC) 33.111.5151 and Chapter 27. Should asbestos containing materials (ACMs) be present at the project site, the applicant is also responsible for ensuring proper disposal in accordance with the previously referenced administrative order. Monitoring Requirements: None Record of Environmental Consideration 8 11/13/06