Reviewer Name: Perry Boudreaux Applicant: St. Bernard Parish Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina/ PublicAssistance Program / MunsterWasteWaterTreatment Plant Record of Environmental Consideration I See 44 Code of Federal Regulation Part 10. 1 I Project Name/Number: Munster Waste Water Treatment Plant /PW 13620 f i I Project Location: 3300 Munster Blvd, City of Meraux, Louisiana St. Bernard Parish | (N29.94619,W-89.92812) | ProjectDescription: Project activities include removing andreplacing fourmetal doors, fourhalf { metal half glass doors, four windows and frames, nine fluorescent light fixtures and bulbs, two 125 hp pumps,one75hppump,one5-tonairconditioningunits,one1,000gallonpolyethyleneferric chloride tank, 1,500 gallons ferric chloride bulk chemical additive, one 10'xlO' roll up overhead door, exterior lights and light fixtures, and all electrical equipment such as circuit breakers, switches, cables, transformers, lighting panels with breakers, and motor starters. Hazard mitigation will be achieved through compliance with current codes and standards. Documentation Requirements I | No Documentation Required (Review Concluded) [~~1 (Shortversion) AllconsultationandagreementsimplementedtocomplywiththeNationalHistoric Preservation Act, Endangered Species Act, and Executive Orders 11988, 11990 and 12898 are completed and no other laws apply. (Review Concluded) [XI (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 [ i i I | Statutorily excluded from NEPA review. (Review Concluded) j I | Programmatic Categorical Exclusion -Category (Review Concluded) 1 I | Categorical Exclusion -Category j I [ No Extraordinary Circumstances exist. I Are project conditions required? Q Yes (see section V) \Z\ No (Review Concluded) | I | ExtraordinaryCircumstancesexist(See SectionIV). | | | Extraordinary Circumstances mitigated. (See Section IV comments) { Are project conditions required? Q Yes (see section V) Q No (Review Concluded) f I I Environmental Assessment | I | Supplemental Environmental Assessment (Reference EA or PEA in comments) 1 IXI Environmental Impact Statement } Record of Environmental Consideration 1 08/31/06 Reviewer Name: Perry Boudreaux Applicant: St. Bernard Parish Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / Munster Waste Water Treatment Plant Comments: This project meets thecriteria foran Alternative Arrangement (Utilities andWastewaterTreatment Plants) type ofproject. This project has conditions and requires mitigation under the other EHP laws which are listed under the NEPAlevelofenvironmentalreviewintheproject worksheet. Anychangestothisapprovedscopeofworkwill require submissionto,andevaluation andapproval by,the state andFEMA priortoinitiationofanywork, for compliance with theNational Environmental Policy Act. Theapplicant isrequired toobtainandcomply with alllocal, state andfederal permits andrequirements. Non-compliance with therequirements noted above mayjeopardize the receipt of federal funding. Reviewer and Approvals O Project isNon-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name:PerryJ. Boudreaux,Environmental Specialist Signature ^-^/^ ,<*=» , Date 8/31/2006 FEMA Regional Environmental Officeror delegated approving official. Name: Howard R. Bush, ELO Signature^^»-^5 7^=* . Date 8/31/2006 I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act • Not type of activity with potential to affect historic properties. (Review Concluded) 03 Applicable executed Programmatic Agreement December 3,2004 |^ Activity meets Programmatic Allowance #Appendix A,Section I,AandI Are project conditions required? ^ Yes (see section V) • No (Review Concluded) HISTORIC BUILDINGS AND STRUCTURES ^ Nohistoric properties thatare listed or45/50 years orolder inproject area. (Review Concluded) • Buildingorstructurelistedor45/50yearsorolderinprojectareaandactivitynotexemptfromreview. D Determination of No Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? • Yes (see section V) • No (Review Concluded) • Determination of Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) • PropertyaNationalHistoricLandmarkandNationalParkServicewasprovidedearlynotification during the consultation process. If not, explain in comments • NoAdverseEffectDetermination (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required? • Yes (see section V) • No (Review Concluded) • AdverseEffectDetermination (FEMA finding/SHPO/THPO concurrence onfile) • ResolutionofAdverseEffect completed. (MOAonfile) Are project conditions required • Yes (see section V) • No (Review Concluded) ARCHEOLOGICAL RESOURCES ^1 Project affects only previously disturbed ground. (ReviewConcluded) [~l Project affects undisturbed ground. • Project areahasnopotential for presence ofarcheological resources • Determination of no historicproperties affected (FEMAfinding/SHPO/THPO concurrence or consultation on file). (Review Concluded) • Project areahaspotential forpresence ofarcheological resources • Determinationofnohistoricpropertiesaffected(FEMAfinding/SHPO/THPOconcurrenceon file) Record of Environmental Consideration 2 08/31/06 Reviewer Name: Perry Boudreaux Applicant: St. Bernard Parish Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / Munster Waste Water Treatment Plant Are project conditions required Q Yes (see section V) O No (Review Concluded) l~l Determination ofhistoric properties affected • NReligible resources notpresent (FEMA finding/SHPO/THPO concurrence onfile). Are project conditions required QYes (see section V) E] No (Review Concluded) l~l NR eligible resources present inproject area. (FEMA finding/ SHPO/THPO concurrence on file) I INo Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) Are project conditions required? C3 Yes (see section V) O No (Review Concluded) I IAdverse EffectDetermination. (FEMA finding/ SHPO/THPO concurrence onfile) I"! Resolution of Adverse Effect completed. (MOA on file) Are project conditions required? \Z1 Yes (see section V) Q No (Review Concluded) Comments: 8/31/06 -Scope of work indicates ground disturbing activities associated with backfill and replacing light posts. Upon consultationof data provided by the State Historic Preservation Officer (SHPO), there are no known archaeological sites within .25 miles of the project area. Some ground disturbing activities will occur within a previously disturbed area. All work will occur in an area designated as an Orleans Parish low probability zone and likely on fill soils over former marsh. Therefore, the scope of work as submitted meets the criteria outlined in the Programmatic Agreement dated December 3, 2004, Appendix A, Section I, A and I. In accordance with this document, FEMA is not required to submit projects to the SHPO for review where the work performed meets these allowances. If during the course of work, archaeologicalartifacts (prehistoric or historic) or human remains are discovered, the applicant shall stop work in the vicinity of the discovery and take all reasonable measures to avoid or minimize harm to the finds. The applicant shall inform their Public Assistance (PA) contacts at FEMA, who will in turn contact FEMA Historic Preservation staff. The applicantwillnotproceedwithworkuntilFEMAHistoricPreservationstaff havecompletedconsultationwiththe Louisiana State Historic Preservation Officer (SHPO). In addition, if unmarked graves are present, compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq.) is required. The applicant shall notify the law enforcement agency of the jurisdiction where the remains are located within twenty-four hours of the discovery. The applicant shallalsonotifyFEMAandtheLouisianaUnmarked BurialSitesBoard(calltheLouisiana Division of Archeologyat225-342-8170) withinseventy-twohours ofthediscovery.Failureto complywith thesestipulationsmay jeopardize receipt of FEMA funding. -Dana Linck, Historic Preservation Specialist/Archaeologist Correspondence/Consultation/References: B. Endangered Species Act E3No listedspeciesand/ordesignatedcriticalhabitatpresentin areas affecteddirectlyorindirectlybythe Federalaction. (Review Concluded) • Listedspeciesand/ordesignatedcriticalhabitatpresentintheareasaffecteddirectlyorindirectlybytheFederalaction. O No effecttospeciesordesignatedcriticalhabitat. (Seecommentsforjustification) Are project conditions required? • Yes (see section V) • No (Review Concluded) |~1 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) • No (Review Concluded) O Likely to adversely affectspecies or designated critical habitat O Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? O YES (see section V) D NO(Review Concluded) Comments: None C. Coastal Barrier Resources Act £3Projectisnotonorconnectedto CBRAUnitor Otherwise ProtectedArea(Review Concluded). O Projectisonor connectedtoCBRAUnitor OtherwiseProtectedArea.(FEMAdetermination/USFWSconsultationon file) C] Proposed action an exception under Section 3505.a.6? (Review Concluded) I IProposedactionnotexcepted underSection3505.a.6. Are project conditions required? • YES (see section V) • NO (Review Concluded) Record of Environmental Consideration 3 08/31/06 Reviewer Name: Perry Boudreaux Applicant: St. Bernard Parish Disaster/Emergency/Program/Project Title: DRl 603LA / Hurricane Katrina / Public Assistance Program / Munster Waste Water Treatment Plant Comments: None Correspondence/Consultation/References: D. Clean Water Act Kl Project would notaffectanywaters ofthe U.S. (Review Concluded) • Project would affect waters, including wetlands, of the U.S. • Projectexemptedasinkindreplacementorotherexemption. (Review Concluded) • Project requires Section 404/401/or Section 9/10 (Rivers andHarbors Act) permit, including qualification under Nationwide Permits. Are project conditions required? O YES (see section V) O NO (Review Concluded) Comments: Project is not in or adjacent to any waterways of the US. Correspondence/Consultation/References: £. Coastal Zone Management Act • Projectisnotlocatedina coastalzoneareaanddoesnotaffectacoastalzonearea(Review concluded) E<] Projectislocatedina coastalzoneareaand/oraffectsthecoastalzone 03 State administering agency doesnot require consistency review. (Review Concluded). • State administering agency requires consistency review. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: Thisproject is locatedwithintheLouisianaCoastalManagementZone.LaDepartmentofNatural Resources has determined that receipt of federal assistance is consistent with the Louisiana Coastal Resource Program. ProjectswithinthecoastalzonemaystillrequireaCoastalUsePermitorotherauthorization from DNR. Projects may be coordinated by contacting La DNR at 1-800-267-4019. Correspondence/Consultation/References: F. Fish and Wildlife Coordination Act [3 Project does not affect, control, or modify a waterway/body of water. (Review Concluded) |~1 Project affects, controls or modifies a waterway/body of water. • Coordination withUSFWSconducted • No Recommendations offeredby USFWS. (Review Concluded) |~1 Recommendations provided by USFWS. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: Project is not in or adjacent to any waterways of the US. Correspondence/Consultation/References: G. Clean Air Act ^ Project will notresult inpermanent airemissions. (Review Concluded) LZ1 Project islocated inan attainment area. (Review Concluded) [~1 Project is located in a non-attainment area. • Coordination required withapplicable stateadministering agency- Are project conditions required? O YES (see section V) • NO (Review Concluded) Comments: Project will not result in permanent air emissions. Correspondence/Consultation/References: H. Farmland Protection Policy Act 153 Projectdoesnot affect designated primeor unique farmland. (Review Concluded) [~1 Project causes unnecessary or irreversible conversion of designated prime or unique farmland. [~1 Coordination with Natural Resource Conservation Commission required. 08/31/06 Record of Environmental Consideration Reviewer Name: PerryBoudreaux Applicant: St. Bernard Parish Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina/ PublicAssistance Program / MunsterWasteWaterTreatment Plant • Farmland Conversion Impact Rating, Form AD-1006, completed. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: I. Migratory Bird Treaty Act Q Projectnotlocatedwithinaflywayzone. (Review Concluded) ^ Project located within a flyway zone. 03 Project does nothave potential totake migratory birds. (Review Concluded) Are project conditions required? • Yes (see section V) ^ No (Review Concluded) O Project has potential to take migratory birds. • Contact madewithUSFWS Are project conditions required? • YES (see section 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://pacificflvway.gov/Documents/Mississippi map.pdf, J. Magnuson-Stevens Fishery Conservation and Management Act 03 Projectnotlocated inornearEssential Fish Habitat. (Review Concluded) |~1 Project located inornearEssential FishHabitat. O Project does not adversely affect Essential Fish Habitat. (ReviewConcluded) Are project conditions required? • Yes (see section V) • No (Review Concluded) O Project adversely affects Essential FishHabitat (FEMA determination/USFWS/NMFS concurrence onfile) |~1 NOAA Fisheries provided no recommendation(s) (Review Concluded). Are project conditions required? Q Yes (see section V) • No (Review Concluded) • NOAA Fisheries provided recommendation(s) • Written reply to NOAA Fisheries recommendations completed. Are project conditions required? O YES (see section V) O NO (Review Concluded) Comments: None Correspondence/Consultation/References: K. Wild and Scenic Rivers Act ^ Project isnot along anddoesnot affect Wild orScenic River (WSR) -(Review Concluded) • Project is along or affects WSR • ProjectadverselyaffectsWSRas determinedbyNPS/USFS. FEMA cannot fund the action. (NPS/USFS/USFWS/BLM consultationon file) (Review Concluded) • Projectdoesnotadverselyaffect WSR. (NPS/USFS/USFWS/BLMconsultationonfile) Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: L. Other Relevant Laws and Environmental Regulations 08/31/06 Record of Environmental Consideration Reviewer Name: PerryBoudreaux Applicant: St. BernardParish Disaster/Emergency/Program/ProjectTitle: DRl603LA/ HurricaneKatrina/PublicAssistance Program/MunsterWasteWaterTreatmentPlant II. Compliance Review for Executive Orders A. E.0.11988 -Floodplains • NoEffectonFloodplains/Flood levelsandprojectoutsideFloodplain-(Review Concluded) ^ Located in Floodplain or Effects on Floodplains/Flood levels • Noadverse effect onfloodplain andnot adversely affected bythe floodplain. (Review Concluded). Are project conditions required? O Yes (see section V) O No (Review Concluded) O Beneficial EffectonFloodplain Occupancy/Values (Review Concluded). • Possibleadverseeffectsassociatedwithinvestmentinfloodplain,occupancyormodificationof floodplain environment ^ 8 Step Process Complete -documentation on file Are project conditions required? ^ YES (see section V) • NO (Review Concluded) Comments 08/17/06 -St Bernard Parish enrolled in the National Flood Insurance Program (NFIP) on 03-13-70. Per Flood InsuranceRateMap(FIRM)panelnumber2252040290b,dated05-01-85. Facilityislocatedwithinan"A2" Zone,areaof 100-yr flooding, base flood elevations and flood hazard factors. The project is the repair of buildings and the replacement ofequipment andcomponents, asper44CFR9.11,mitigation orminimization standardsmustbe appliedrequirements to elevate, mitigate, wet or dry flood proof. Mitigation measures have been considered and are attached. In compliance with EO11988,an8-stepprocesswascompletedandisattached. Per44CFR9.12,applicantmustpublishafinalpublicnotice 15dayspriortothestartofconstructionactivities. Finalpublicnoticeistobe forwardedtotheLa GOHS/OEPandFEMA for inclusion in the permanent project files. A Cramer FPM Specialist. Correspondence/Consultation/References: B. E.0.11990-Wetlands ^ NoEffectsonWetland(s)andprojectlocatedoutsideWetland(s)-(Review Concluded) • Located inWetland oreffectsWetland(s) • Beneficial Effect on Wetland -(Review Concluded) QZ1 Possible adverseeffectassociated withconstructing inornearwetland O Review completed as part of floodplain review [~l 8 Step Process Complete -documentation on file Are project conditions required? • YES (see section V) O NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. E.0.12898 -Environmental Justice For Low Income and Minority Populations ^ NoLow incomeorminoritypopulationin,nearoraffectedbytheproject -(Review Concluded) [~| Low income orminority populationinornearprojectarea • No disproportionately high and adverse impact on low income or minority population-(Review Concluded) n Disproportionately highor adverse effects onlowincome orminority population Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: HI. 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). Record of Environmental Consideration 6 08/31/06 Reviewer Name: Perry Boudreaux Applicant: St. Bernard Parish Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / Munster Waste Water Treatment Plant 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"underanycircumstancemayrequireanEnvironmental Assessment(EA)withtheexceptionof(ii)which shouldbeappliedinconjunctionwithcontroversyonanenvironmentalissue. Ifthecircumstancecanbemitigated, please explain in comments. If no, leave blank. Yes • (i)Greaterscopeorsizethan normallyexperiencedforaparticularcategoryofaction [~1 (ii)Actionswithahigh levelofpubliccontroversy • (iii)Potentialfordegradation,eventhoughslight,ofalreadyexistingpoorenvironmental conditions; • (iv)Employmentofunproventechnologywithpotentialadverseeffectsor actionsinvolving unique or unknown environmental risks; • (v)Presenceofendangeredorthreatened speciesortheircriticalhabitat,orarchaeological, cultural, historical or other protected resources; [~| (vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiring action or attention; • (vii)Actions withthepotential toaffectspecial statusareas adversely orothercriticalresources such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, sole or principal drinking water aquifers; • (viii) Potential for adverse effects on health or safety; and • (ix)Potentialtoviolatea federal,state,localortriballaworrequirement imposedforthe protection of the environment. • (x)Potentialforsignificantcumulativeimpactwhentheproposedactioniscombinedwith other past, present and reasonably foreseeable future actions, even though the impacts of the proposedactionmaynotbe significantbythemselves. Comments: None V. Environmental Review Project Conditions Project Conditions: 1. Asper44CFR9.11,requirementstoelevate,mitigate,wetordry floodproof;wherepossible willbeimplemented. IncompliancewithEO 11988,an8-stepprocesswascompletedandis attached. 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 LAGOHS/OEP and FEMA for inclusion in the permanent project files. 2. If during the course of work, archaeological artifacts (prehistoric or historic) or human remains are discovered, the applicant shall stop work in the vicinity of the discovery and take all reasonable measures to avoid or minimize harm to the finds. The applicant shall inform their Public Assistance (PA) contacts at FEMA, who will in turn contact FEMA historic preservation staff. The applicant will not proceed with work until FEMA historic preservation staff have completedconsultationwiththeLouisianaStateHistoricPreservationOfficer (SHPO). In addition, if unmarked graves are present, compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq.) is required. The applicant shall notify the law Record of Environmental Consideration 7 08/31/06 { Reviewer Name: Perry Boudreaux Applicant: St.Bernard Parish Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / Munster Waste Water Treatment Plant enforcement agency ofthejurisdictionwherethe remains arelocatedwithintwenty-fourhoursof thediscovery. TheapplicantshallalsonotifyFEMAandtheLouisianaUnmarkedBurialSites Board(calltheLouisianaDivisionofArcheology at225-342-8170) withinseventy-two hoursof thediscovery. FailuretocomplywiththesestipulationsmayjeopardizereceiptofFEMA funding. Ifthescopeofworkchangestoincludefurther grounddisturbingactivities,thisproject will need to be resubmitted for further historic review. 3. Unusableequipment,debrisandmaterialshallbedisposedofinanapprovedmannerand location. Intheeventsignificantitems(orevidencethereof)arediscoveredduring 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. 4. Mercury containing devices -this project potentially involves the disposal of metallic mercury containingelectronicdevices. Theapplicantisresponsibleforensuringthatthese devicesare recovered, recycled, reused or sequestered in accordance with the Louisiana Department of Environmental Quality(LDEQ)"DeclarationofEmergency; Mercury-containing Devicesand Electronic Equipment as Universal Waste" letter dated October 3, 2005. 5. Removalanddisposalofdebriscontaininghouseholdhazardouswasteandcertaincategoriesof liquid wastes must beperformed inaccordance with allapplicable federal andstatelaws, regulations, executive orders andguidelines. Lac Title33 Part vii requires thatspecified items, including lead acidbatteries, used oilfilters, used motor oil, scrap tires, cfc's (refrigerants), radioactive waste or regulated 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 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. Monitoring Requirements: None Record ofEnvironmental Consideration 8 08/31/06 | t