DRAFT Environmental Assessment Torres Park Restroom Facility St. Bernard Parish FEMA-1603-DR-LA St. Bernard Parish, Louisiana January 2012 U.S. Department of Homeland Security Federal Emergency Management Agency, Region VI Louisiana Recovery Office New Orleans, Louisiana 70114 SECTION PAGE TABLE OF CONTENTS i LIST OF ACRONYMS ii 1.0 INTRODUCTION 1 1.1 Project Authority 1 1.2 Background 1 2.0 PURPOSE AND NEED 2 3.0 ALTERNATIVES 3 3.1 Alternative 1 – No Action 3 3.2 Alternative 2 – Reconstruction/Repair in the Same Footprint 3 3.3 Alternative 3 – Reconstruction at an Alternate Location / 3 Proposed Action 4.0 AFFECTED ENVIRONMENT AND IMPACTS 4 4.1 Wetlands / Hydrologic Resources 4 4.2 Floodplains 5 4.3 Coastal Resources 10 4.4 Biological Resources 10 4.5 Cultural Resources 11 4.6 Hazardous Materials 12 4.7 Environmental Justice 13 5.0 CUMULATIVE IMPACTS 14 6.0 CONDITIONS AND MITIGATION MEASURES 14 7.0 PUBLIC INVOLVEMENT AND AGENCY CONSULTATION 15 8.0 LIST OF PREPARERS 16 9.0 REFERENCES 17 LIST OF FIGURES 1. St. Bernard Parish, LA 2 2. Torres Park Restroom Facility Site Location 2 3. U.S. Fish and Wildlife Service, National Wetlands Inventory Map 5 4. Preliminary Digital Flood Insurance Rate Map, Panel 22087C0480D 8 5. Advisory Base Flood Elevation Map OR-LA-EE34 9 APPENDICES Appendix A. Site Plan Appendix B. Agency Correspondence Appendix C. Eight-Step Decision Making Process Appendix D. Public Notice LIST OF ACRONYMS ABFE Advisory Base Flood Elevation APE Area of Potential Effects BMPs Best Management Practices CAA Clean Air Act CBRA Coastal Barrier Resources Act CBRS Coastal Barrier Resources System CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulations CWA Clean Water Act CZMA Coastal Zone Management Act DFIRM Digital Flood Insurance Rate Map EA Environmental Assessment EIS Environmental Impact Statement EO Executive Order ESA Endangered Species Act EDMS Electronic Document Management System FEMA Federal Emergency Management Agency FONSI Finding of No Significant Impact GNO Greater New Orleans HEAG Highest Existing Adjacent Grade HSDRRS Hurricane Storm Damage Risk Reduction System LADOTD Louisiana Department of Transportation and Development LA GOHSEP Louisiana Governor's Office of Homeland Security and Emergency Preparedness LDEQ Louisiana Department of Environmental Quality LDNR Louisiana Department of Natural Resources LUST Leaking Underground Storage Tank MOA Memorandum of Agreement NAVD 88 North American Vertical Datum of 1988 NAAQS National Ambient Air Quality Standards NEPA National Environmental Policy Act NHPA National Historic Preservation Act NMFS National Marine Fisheries Service NOAA National Oceanic & Atmospheric Administration PA Public Assistance Grant Program RECAP Risk Evaluation/Corrective Action Program RCRA Resource Conservation and Recovery Act RHA Rivers and Harbors Act SHPO State Historic Preservation Office/Officer US United States USACE United States Army Corps of Engineers USC United States Code USEPA United States Environmental Protection Agency USFWS United States Fish and Wildlife Service 1.0 INTRODUCTION 1.1 Project Authority Hurricane Katrina made landfall on August 29, 2005 near the town of Buras, Louisiana with sustained winds of more than 125 mph. President George W. Bush declared a major disaster for the State of Louisiana (FEMA-1603-DR-LA) on August 29, 2005, authorizing the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) to provide Federal assistance in designated areas of Louisiana. This is pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), PL 93-288, as amended. Section 406 of the Stafford Act authorizes FEMA’s Public Assistance Program (PA) to assist in funding the repair, restoration, reconstruction, or replacement of public facilities damaged as a result of the declared disaster. This Environmental Assessment (EA) has been prepared in compliance with the National Environmental Policy Act of 1969 (NEPA), the President’s Council on Environmental Quality regulations implementing NEPA (Title 40 of the Code of Federal Regulations [CFR] Parts 1500 to 1508), and FEMA’s regulations implementing NEPA (44 CFR Parts 9 and 10). The purpose of this EA is to analyze potential environmental impacts of the proposed project. FEMA will use the findings in this EA to determine whether to prepare an Environmental Impact Statement (EIS) or a Finding of No Significant Impact (FONSI). 1.2 Background The Restroom Facility at the St. Bernard Parish Maintenance Yard, located at 120 W. Agriculture Road in Chalmette, Louisiana (Figure 1) sustained extensive flood and wind damage from Hurricane Katrina and was deemed eligible for replacement by FEMA for Federal disaster public assistance as a non-critical facility serving the needs of the general public. The geographic coordinates of the damaged facility are: latitude: 29.96156 ; longitude: -89.956334. The applicant – St. Bernard Parish Government – proposes to demolish the damaged facility at its present location and replace it with a new Restroom Facility, to be located within the northwest corner of Sidney Torres Memorial Park, 8201 W. Judge Perez Drive in Chalmette, Louisiana (Figure 2). The coordinates of the proposed location are: latitude: 29.95873; longitude: -89.98153 . The existing Restroom Facility, whose approximate dimensions are 16’4” x 11’4”, has two toilets and two sinks; the proposed facility would have the same capacity and function. Work for the new facility would include removal of ground cover; construction of a slab with footings and a concrete framed one-story structure; extension of existing park utilities to the facility; and upgrading from the existing facility to comply with current codes and standards (see Appendix A, Project Plans). Figure 1. St. Bernard Parish, Louisiana (Google earth, 2010) Figure 2 – Torres Park Restroom Facility Site Location (Google earth®, 2010) 2.0 PURPOSE AND NEED Prior to Hurricane Katrina, the Restroom Facility served the employees of, and visitors to, the St. Bernard Parish Main Maintenance Yard. Sidney Torres Memorial Park had restroom facilities insufficient to meet the anticipated level of future park patronage associated with post-hurricane recovery and planned park improvements. As directed by the Stafford Act (PL 93-288), the objective of FEMA’s PA Grant Program is to provide assistance to State, Tribal and local governments, and certain types of Private Nonprofit organizations so that communities can quickly respond to and recover from major disasters or emergencies declared by the President. The proposed Torres Park Restroom Facility is essential to better serve the needs of Park patrons and the people of the surrounding community, and St. Bernard Parish. 3.0 ALTERNATIVES The NEPA process consists of an evaluation of the environmental effects of a Federal undertaking, including its alternatives. Three alternatives have been proposed and reviewed including, 1) the No Action Alternative, 2) Reconstruction of the Restroom Facility in the same footprint and original location, and 3) Reconstruction of the Restroom facility in a new location (Figure 2). 3.1 Alternative 1 - No Action Implementation of the No Action Alternative would entail no repair, reconstruction, or relocation of the Restroom Facility. Consequently, the existing Restroom Facility would not be available for use by Maintenance Yard workers and visitors, and Torres Park would not provide adequate facility services to park users. No Action would forego opportunities for reconstruction of, and recompense for, the damaged Parish Restroom Facility. 3.2 Alternative 2 – Reconstruction in the Same Footprint This alternative would reconstruct the damaged restroom facility to the pre-disaster configuration, function and capacity in substantially the same footprint in order to restore the community service as it existed prior to Hurricane Katrina. However, St. Bernard Parish government has determined that many more of its citizens would be better served having the restroom facility relocated to Torres Park. 3.3 Alternative 3 - Reconstruction at an Alternate Location - Proposed Action The proposed action calls for replacement of the damaged Restroom Facility in a new location in Torres Park. The proposed location of the new facility will allow the Parish to better serve the needs of many more parish residents than reconstructing the facility in its current location. The original facility will be demolished at its current location. The proposed facility will be consistent with the function, capacity, size and purpose of the damaged facility, with any increase in the size of overall square footage a result of applicable codes and standards. This action would include site preparation, construction of a new building and installation of necessary utilities and appurtenances. Reconstruction of the Restroom Facility will restore the community services lost as a result of Hurricane Katrina. This practicable alternative also meets the purpose and need of the action. 4.0 AFFECTED ENVIRONMENT AND IMPACTS 4.1 Wetlands / Hydrologic Resources The United States Army Corps Engineers (USACE) regulates the discharge of dredged or fill material into waters of the U.S., including wetlands, pursuant to Section 404 of the Clean Water Act. Wetlands are identified as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The USACE also regulates the building of structures in waters of the U.S. pursuant to the Rivers and Harbors Act (RHA). Executive Order (EO) 11990, Protection of Wetlands, directs Federal agencies to minimize the destruction, loss, or degradation of wetlands and to preserve and enhance the values of wetlands for Federally funded projects. FEMA regulations for complying with EO 11990 are found at 44 CFR Part 9, Floodplain Management and Protection of Wetlands. The U.S. Fish & Wildlife Service (USFWS) National Wetlands Inventory (NWI) map shows no wetlands within the proposed project area that could be adversely affected by the project (Figure 3, USFWS National Wetlands Inventory 2012). Torres Park does include a man-made, ring-shaped recreational water feature. The proposed Restroom Facility would be located approximately 218 feet from this water feature. Alternative 1 – No Action: The No Action Alternative would have no impact on wetlands or other waters of the U.S. and would not require permits under Section 404 of the CWA or Section 10 of the RHA. Alternative 2 – Reconstruction in the Same Footprint: Reconstruction of Restroom Facility at the Main Maintenance Yard in substantially its same location and footprint would have no impact on wetlands or other waters of the U.S. FEMA has determined the proposed location is an urban, previously-disturbed site and is not a wetland under Executive Order 11990. It would not require permits under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. Alternative 3 – Reconstruction at an Alternative Location - Proposed Action: The proposed action alternative would have no impact on wetlands or other waters of the U.S. FEMA has determined that the proposed location is an urban, previously-disturbed site and is not a jurisdictional wetland under Executive Order 11990. The project as proposed would not require permits under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. To minimize indirect impacts (soil erosion, sedimentation, dust and other construction-related disturbances) to the rest of the land and water features of the park surrounding the proposed action, the following best management practices should be included into the daily operations of construction activities: silt screens, barriers (e.g., hay bales), berms/dikes, and/or fences to be placed where and as needed. Fencing should be placed for marking staging areas to store construction equipment and supplies as well as conduct maintenance/repair operations. Figure 3 - U. S. Fish and Wildlife Service National Wetlands Inventory Map (USFWS, 2012) 4.2 Floodplains Executive Order 11988 (Floodplain Management) requires Federal agencies to avoid direct or indirect support or development within the 100-year floodplain whenever there is a practicable alternative. FEMA’s regulations for complying with EO 11988 are found at 44 CFR Part 9, Floodplain Management and Protection of Wetlands. In July 2005, FEMA initiated a series of flood insurance studies for many of the Louisiana coastal parishes as part of the Flood Map Modernization effort through FEMA’s National Flood Insurance Fund. These studies were necessary because the flood hazard and risk information shown on many Flood Insurance Rate Maps (FIRMs) was developed during the 1970s, and the physical terrain had changed significantly, such as major loss of wetland areas. After hurricanes Katrina and Rita, FEMA expanded the scope of work to include all of coastal Louisiana. The magnitude of the impacts of hurricanes Katrina and Rita reinforced the urgency to obtain additional flood recovery data for the coastal zones of Louisiana. More detailed analysis was possible because new data obtained after the hurricanes included information on levees and levee systems, new high-water marks, and new hurricane parameters (LaMP 2007). During an initial post-hurricane analysis, FEMA determined that the “100-Year” or 1-percent chance storm flood elevations on FIRMs for many Louisiana communities, referred to as Base Flood Elevations (BFEs), were too low. FEMA created recovery maps showing the extent and magnitude of hurricanes Katrina’s and Rita’s surge, as well as information on other storms over the past 25 years (Lamp 2007). The 2006 advisory flood data shown on the recovery maps for the Louisiana-declared disaster areas show high-water marks surveyed after the storm; flood limits developed from these surveyed points; and Advisory Base Flood Elevations, or ABFEs. The recovery maps and other advisory data were developed to assist parish officials, homeowners, business owners, and other affected citizens with their recovery and rebuilding efforts (LaMP 2007). Updated preliminary flood hazard maps from an intensive five-year mapping project guided by FEMA are now provided to all Louisiana coastal parishes. The new maps released in early 2008, known as Preliminary Digital Flood Insurance Rate Maps (DFIRMs), are based on the most technically advanced flood insurance studies ever performed for Louisiana, followed by multiple levels of review. The DFIRMs provide communities with a more scientific approach to economic development, hazard mitigation planning, emergency response and post-flood recovery (LaMP 2007). The USACE is currently working on a Hurricane and Storm Damage Risk Reduction System (HSDRRS) for the Greater New Orleans (GNO) area (Miller 2011). This 350-mile system of levees, floodwalls, surge barriers, and pump stations will reduce the flood risk associated with a storm event. In September of 2011, the USACE provided FEMA with assurances that the HSDRRS is capable of defending against a storm surge with a one percent (1%) annual chance event of occurring in any given year (Miller 2011). The areas protected include portions of St. Bernard, St. Charles, Jefferson, Orleans, and Plaquemines parishes. FEMA has now begun revising the preliminary DFIRMs within the HSDRRS to incorporate the reduced flood risk associated with the system improvements. In the spring of 2012, FEMA should be prepared to release revised preliminary DFIRMs (Miller 2011). The 2008 Preliminary DFIRMs – currently viewed as the best available flood risk data for the five GNO parishes – do not consider the completion of the HSDRRS. In many areas, the flood risk has been significantly reduced due to heightened protection. To ensure that the best available data is used when reviewing and approving grant applications within the HSDRRS, FEMA will re-examine individual grant reconstruction projects using sound engineering data and judgment. The case-by-case review may indicate that the source of best available flood risk data for a reconstruction project is preliminary DFIRMs, ABFEs, or other relevant sound engineering data. No project should be built to a floodplain management standard that is less protective than what the community has adopted in local ordinances through their participation in the National Flood Insurance Program (Miller 2011). In compliance with FEMA policy implementing EO 11988, Floodplain Management, the proposed project was reviewed for possible impacts associated with occupancy or modification to a floodplain. St. Bernard Parish enrolled in the NFIP on March 13, 1970. Alternative 1 – No Action: The No Action Alternative would have no impact on the 100-year floodplain as no building would be constructed at either the existing or proposed sites. Alternative 2 – Reconstruction in the Same Footprint: Per preliminary DFIRM panel number 22087C0480D, dated October 30, 2008 (Figure 4), the current Restroom Facility site is located in AE (El 8), a Special Flood Hazard Area (SFHA) subject to inundation by the 1-percent annual chance (100-year) flood; base flood elevations determined. Per Advisory Base Flood Elevation Map (ABFE Map) LA-CC35 (Figure 5), dated June 5, 2006, the current site is located in ABFE 3 feet above Highest Existing Adjacent Grade (HEAG). Reconstruction of the Restroom Facility in substantially its same footprint will have no determinable impact on flood elevations, nor will it increase development in this fully built-out area. In compliance with EO 11988, an 8-step process was completed and documentation is attached in Appendix B. Alternative 3 – Reconstruction at an Alternate Location - Proposed Action: The proposed action alternative would involve the reconstruction of the Restroom Facility at an alternate location. Per preliminary DFIRM panel number 22087C0480D dated October 30, 2008 (Figure 4), the proposed project site is located in AE (El 8), a Special Flood Hazard Area (SFHA) subject to inundation by the 1-percent annual chance (100-year) flood; base flood elevations determined. In addition, per Advisory Base Flood Elevation Map (ABFE Map) LA-CC34 (Figure 5) dated June 5, 2006, the proposed project site is located in ABFE El -.05 or 3 feet above Highest Existing Adjacent Grade (HEAG). The reconstruction of this facility will have no determinable impact on flood elevations, nor will it increase development in this largely built-out area. As per 44 CFR 9.11 (d), new construction of non-residential structures must be elevated or flood-proofed to the 100-year BFE. By Memorandum of January 4, 2012 from Frank Pagano, Mitigation Division Director of FEMA Region 6 to John Connolly, Senior Public Assistance Advisor, Louisiana Recovery Office, the 2008 Preliminary Digital Flood Insurance Rate Map (DFIRM) elevation is not required; however, the applicant must coordinate all reconstruction activities with the local floodplain administrator regarding floodplain permit(s) prior to start of any activities, and remain in compliance with formally adopted local floodplain ordinances (see Appendix B, Agency Correspondence). All coordination pertaining to these permit(s) should be documented to the local floodplain administrator and copies provided to the State and FEMA as part of the permanent project files. Additionally, per 44 CFR 9.11 (d)(9), mitigation or minimization standards must be applied, where possible. The replacement of building contents, materials and equipment should be, where possible, wet or dry-proofed, elevated, or relocated to or above the BFE. In compliance with EO 11988, an 8-step process was completed and documentation is attached in Appendix C. Figure 4 - Preliminary Digital Flood Insurance Rate Map Panel 22087C0480D (FEMA, 2008) Figure 5 – Advisory Base Flood Elevation Map OR-LA-EE34 (FEMA, June 5, 2006) 4.3 Coastal Resources The Coastal Zone Management Act of 1972 (CZMA) requires Federal agency actions to be consistent with the policies of the state coastal zone management program when conducting or supporting activities that affect a coastal zone. The Louisiana Department of Natural Resources (LDNR) regulates development in Louisiana’s designated coastal zone through the Coastal Use Permit Program. By letter of December 13, 2011 from Karl L. Morgan, Administrator to Steven Epstein, LADNR’s Office of Coastal Management advised FEMA that the project is located in the Louisiana Coastal Zone, and they require that a complete Coastal Use Permit packet be submitted to their office for review and approval prior to construction (see Appendix B, Agency Correspondence). The USFWS regulates federal funding in Coastal Barrier Resource System (CBRS) units under the Coastal Barrier Resources Act (CBRA). This Act protects undeveloped coastal barriers and related areas (i.e., Otherwise Protected Areas) by prohibiting direct or indirect Federal funding of projects that support development in these areas. The Act promotes appropriate use and conservation of coastal barriers along the Gulf of Mexico. The proposed project site is not located within a regulated CBRS unit. Alternative 1 – No Action: The No Action Alternative would have no impact on a coastal zone or to a CBRS unit. Alternative 2 – Reconstruction in the Same Footprint: Reconstruction of the Restroom Facility in substantially its same footprint would involve construction in a designated coastal zone. This project requires a Coastal Use Permit from LDNR. St. Bernard Parish Government is required to contact LDNR prior to initiating work. The original site is not within a CBRS unit; therefore, it does not trigger the CBRA. Alternative 3 – Reconstruction at an Alternate Location - Proposed Action: The proposed action alternative would involve construction in a designated coastal zone. This project requires a Coastal Use Permit from LDNR. St. Bernard Parish Government is required to contact LDNR prior to initiating work. The proposed site is not within a CBRS unit; therefore, the Proposed Action Alternative does not trigger the CBRA. 4.4 Biological Resources The Endangered Species Act (ESA) of 1973 prohibits the taking of listed, threatened, and endangered species unless specifically authorized by permit from the USFWS or the National Marine Fisheries Service. According to the Louisiana Department of Wildlife and Fisheries’ Natural Heritage Program website, consulted on January 18, 2012, there are no federal- or state-listed threatened or endangered terrestrial species or habitats within St. Bernard Township or Torres Park. The piping plover, a predominantly coastal bird species typically associated with beach habitats, is known to locate in St. Bernard Parish, but Torres Park is not representative of that species’ habitat. Alternative 1 – No Action: The No Action Alternative would have no impact on species federally listed as threatened or endangered. Alternative 2 – Reconstruction in the Same Footprint: Reconstruction of the Restroom Facility in substantially its same footprint would have no impact on species federally listed as threatened or endangered. Alternative 3 – Reconstruction at an Alternate Location - Proposed Action: Field inspection of the proposed site did not indicate the presence of any species federally or state listed as threatened or endangered. In responses to a Solicitation of Views regarding the proposed project, neither the National Marine Fisheries Service, U.S. Environmental Protection Agency, Louisiana Department of Environmental Quality, nor the Louisiana Office of Coastal Management expressed concern over, or mentioned the presence of, biological resources on or near the project site (see Appendix B, Agency Correspondence). The other State and federal agencies solicited for views did not submit comments. The proposed action is not anticipated to have an adverse effect on biological resources. 4.5 Cultural Resources The consideration of effects to historic properties listed in or eligible for the National Register of Historic Places (NRHP) is mandated under Section 106 of the National Historic Preservation Act (NHPA) as implemented by 36 CFR Part 800. Requirements include the identification of significant or historic properties that may be affected by the proposed action or alternatives within the project’s area of potential effects. Historic properties are defined as archaeological sites, standing structures or other historic resources listed in or determined eligible for listing in the NRHP. Federal agencies must take into account their effects on historic properties and allow the Advisory Council on Historic Properties opportunity to comment. The project site is located within the aboriginal homelands of the Chitimacha Tribe of Louisiana. FEMA, the Louisiana State Historical Preservation Office (SHPO), the Louisiana Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP), and various native American tribes – including the Chitimacha Tribe - and the Advisory Council on Historic Preservation (ACHP) have executed a Statewide Programmatic Agreement (PA) dated August 17, 2009 and amended on July 22, 2011 (2009 Statewide PA as amended), to streamline the NHPA Section 106 review process. The proposed action is subject to the standard project review stipulation of the 2009 Statewide PA as amended. Existing Conditions The proposed Restroom Facility is entirely within the confines of St. Bernard Parish’s Sidney Torres Memorial Park, in its northwest quadrant. The structures in the area of potential effect (APE) do not meet the 50-year criterion or criteria consideration G of the National Register guidelines to be considered eligible for the National Register of Historic Places. Data provided by the State Historic Preservation Office (SHPO) indicates that there are no known archaeological sites within the project area and all work will occur within a previously disturbed area. The scope of work meets the criteria in FEMA's Programmatic Agreement (PA) dated August 17, 2009, Appendix C: Programmatic Allowances, Item I, Sections A and I. In accordance with this PA, FEMA is not required to consult with the SHPO where work performed meets these criteria. The applicant must comply with the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq.) and the Inadvertent Discovery Clause, which can be found under the Environmental Review NHPA conditions. Any change to the approved scope of work will require reevaluation under Section 106. Alternative 1 - No Action: This alternative does not include any FEMA undertaking; therefore FEMA has no further responsibilities under Section 106 of the National Historic Preservation Act. Alternative 2 – Reconstruction in the Same Footprint: This alternative involves the demolition and reconstruction of the facility within the same footprint. In-kind reconstruction in the existing location would not affect any above ground resources, provided that the replacement facility has the same massing, height, scale, and materials as the original building. No archaeological resources would be affected by this alternative. Alternative 3 - Reconstruction at an Alternate Location - Proposed Action: Because the structures in the area of potential effect are neither on nor eligible for the National Register of Historic Places, there are no known archaeological sites within the project area, and all work will occur within a previously disturbed area, there would be no adverse effects to cultural resources associated with constructing the Restroom Facility within the northeastern corner of Torres Park. 4.6 Hazardous Materials The management of hazardous materials is regulated under various federal and state environmental and transportation laws and regulations, including the Resource Conservation and Recovery Act (RCRA) the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Emergency Planning and Community Right-to-Know Act, the Hazardous Materials Transportation Act, and the Louisiana Voluntary Investigation and Remedial Action statute. The purpose of the regulatory requirements set forth under these laws is to ensure the protection of human health and the environment through proper management (identification, use, storage, treatment, transport, and disposal) of these materials. Some of these laws provide for the investigation and cleanup of sites already contaminated by releases of hazardous materials, wastes, or substances. A database search prepared for the proposed project site revealed that there are no Louisiana Volunteer Remedial Program (VRP)/Brownfield sites, or leaking underground storage tank sites (LUSTs) located on or in close proximity to the proposed site. No sites of concern were found during a review of the Electronic Document Management System (EDMS) database for other hazardous waste management and disposal, solid waste disposal, enforcement, and other databases on the proposed site. There are no recorded oil and gas wells on or near the proposed property. Alternative 1 – No Action: The No Action alternative would not disturb any hazardous materials or create any potential hazard to human health. Alternative 2 – Reconstruction in the Same Footprint: No hazardous materials, wastes, or substances (including contaminated soil or groundwater) have been identified at the site. Reconstruction of the Restroom Faciolity in substantially its same footprint would not disturb any hazardous materials or create any potential hazard to human health. Alternative 3 – Reconstruction at an Alternate Location - Proposed Action: No hazardous materials, wastes, or substances (including contaminated soil or groundwater) have been identified at the proposed site. If hazardous constituents are unexpectedly encountered in the project area during the proposed construction operations, appropriate measures for the proper assessment, remediation and management of the contamination shall be initiated in accordance with applicable federal, State, and local rules and regulations. Project construction may involve the use of hazardous materials (e.g., petroleum products, cement, caustics, acids, solvents, paints, electronic components, pesticides/herbicides and fertilizers, treated timber) and may result in the generation of small amounts of hazardous wastes. Best management practices and appropriate measures to prevent, minimize, and control spills of hazardous materials shall be taken, and any hazardous and non-hazardous wastes generated shall be disposed of in accordance with applicable federal, state, and local requirements. 4.7 Environmental Justice Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, was signed on February 11, 1994. The EO directs federal agencies to make achieving environmental justice part of their missions by identifying and addressing, as appropriate, disproportionately high adverse human health, environmental, economic, and social effects of its programs, policies and activities on minority or low-income populations. Alternative 1 – No Action: The No Action Alternative would not involve the implementation of a federal program, policy or activity. Therefore, there would be no disproportionate adverse impacts to low-income or minority populations. Alternative 2 – Reconstruction in the Same Footprint: Reconstruction of the damaged Restroom Facility in substantially its same footprint in the Parish’s Main Maintenance Yard would have no disproportionate adverse impacts to low-income or minority populations. Alternative 3 – Reconstruction at an Alternate Location - Proposed Action: The proposed action would provide an additional restroom facility/amenity in a Parish park open to and utilized by all St. Bernard Parish residents, regardless of their minority or socio-economic status. There would be no adverse impacts to any segment, or of any concern, of the parish population. 5.0 CUMULATIVE IMPACTS According to the Council on Environmental Quality (CEQ) regulations, cumulative impacts represent the “impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions, regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 1508.7). The entire Louisiana Gulf Coast is undergoing recovery efforts after the 2005 hurricane season that include demolition, reconstruction, and new construction, within the private sector as well as federal and state government. The USACE is undertaking one of the largest projects in their history. Rebuilding the Greater New Orleans Hurricane and Storm Damage Risk Reduction System will improve approximately 350 miles of levees, concrete floodwalls, and other structures to meet the 100-year level of risk reduction. St. Bernard Parish Government, St. Bernard Parish School Board, St. Bernard Parish Sheriff’s Office, and the Louisiana Department of Facility Planning and Control (FP&C) have numerous recovery and other construction project planned or ongoing throughout the parish. Although these projects can be expected to have cumulative effects to the built and natural environment of the parish, the subject proposed project is not anticipated to contribute to any adverse effects. 6.0 CONDITIONS AND MITIGATION MEASURES Based upon the studies and consultations undertaken in this EA, several conditions must be met and mitigation measures must be taken by St. Bernard Parish Government (Applicant) prior to and during project implementation. * In accordance with applicable local, state, and federal regulations, the applicant is responsible for acquiring any necessary permits and/or clearances prior to the commencement of any construction related activities. * To minimize indirect impacts (soil erosion, sedimentation, dust and other construction-related disturbances) to the rest of the land and water features of the park surrounding the proposed action, the following best management practices should be included into the daily operations of construction activities: silt screens, barriers (e.g., hay bales), berms/dikes, and/or fences to be placed where and as needed. Fencing should be placed for marking staging areas to store construction equipment and supplies as well as conduct maintenance/repair operations. * The applicant must coordinate all construction activities with the local floodplain manager and remain in compliance with formally adopted local floodplain ordinances.  As per 44 CFR 9.11 (d) (9), mitigation or minimization standards must be applied where possible. The replacement of building contents, materials and equipment should be, where possible, wet or dry-proofed, elevated, or relocated to or above the community established base flood * elevation. Hazardous materials need to be elevated above the 0.2 % annual chance (500-year) flood elevation. * The project has been found by the LDNR to be inside the Louisiana Coastal Zone; therefore, they require that a complete Coastal Use Permit Application package (Joint Application Form, locality maps, project illustration plats with plan and cross section views, etc.) along with the appropriate application fee be submitted to their office prior to construction. * Louisiana Unmarked Human Burial Sites Preservation Act: If human bone or unmarked grave(s) are present with the project area, 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 shall also notify FEMA and the Louisiana Division of Archaeology at 225-342-8170 within seventy-two hours of the discovery. * Inadvertent Discovery Clause: If during the course of work, archaeological artifacts (prehistoric or historic) 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 (HP) staff. The applicant will not proceed with work until FEMA HP completes consultation with the SHPO. * Project construction may involve the use of potentially hazardous materials (e.g., petroleum products, cement, caustics, acids, solvents, paint, electronic components, pesticides, herbicides, fertilizers, treated timber), and may result in the generation of small amounts of hazardous wastes. Appropriate measures to prevent, minimize, and control spills of hazardous materials must be taken and generated hazardous and non-hazardous wastes are required to be disposed in accordance with applicable Federal, state and local regulations. * Best management practices and appropriate measures to prevent, minimize, and control spills of hazardous materials shall be taken, and any hazardous and non-hazardous wastes generated shall be disposed of in accordance with applicable federal, state, and local requirements. 7.0 PUBLIC INVOLVEMENT AND AGENCY CONSULTATION FEMA is the lead federal agency for conducting the NEPA compliance process for this Public Assistance project. It is the responsibility of the lead agency to conduct the preparation and review of NEPA documents in a way that is responsive to the needs of the Parish communities while meeting the spirit and intent of NEPA and complying with all NEPA provisions. As part of the development of early interagency coordination related to the proposed action, state and federal resource protection agencies were contacted and FEMA distributed an informal scoping notification through a Solicitation of Views. These agencies include the Louisiana State Historical Preservation Officer, U. S. Fish and Wildlife Service, the Governor's Office of Homeland Security and Emergency Preparedness, Louisiana Department of Environmental Quality, Louisiana Department of Wildlife and Fisheries, U. S. Environmental Protection Agency, National Marine Fisheries Service, Louisiana Department of Natural Resources, and the U. S. Army Corps of Engineers. FEMA has received no objections to the proposed project. Comments and conditions received from the agencies have been incorporated into this Environmental Assessment (see Appendix D, Agency Correspondence). FEMA is inviting the public to comment on the proposed action during a fifteen (15) day comment period. A public notice will be published for 5 days in the local newspaper, The St. Bernard Voice, announcing the availability of this EA for review at the St. Bernard Parish Central Library at 1125 E. St. Bernard Highway in Chalmette, Louisiana. A copy of the Public Notice is attached in Appendix D. 8.0 LIST OF PREPARERS Steven E. Epstein, CFM – Environmental Specialist Adam Borden – Lead Environmental Specialist Annette Carroll, Historic Preservation Specialist Daphne Owens, Historic Preservation Specialist/Archaeologist Tiffany Spann-Winfield – Deputy Environmental Liaison Officer 9.0 REFERENCES Endangered Species Act of 1973 Website: http://epw.senate.gov/esa73.pdf Executive Order 11988, Floodplain Management, 1977. Website: http://www.fema.gov/plan/ehp/ehplaws/eo11988.shtm. Executive Order 11990, Wetlands Management, 1977. Website: http://www.fema/gov/plan/ehp/ehplaws/eo11990.shtm. Executive Order 12898, Environmental Justice for Low Income and Minority Populations, 1994. Website: http://www.fema.gov/plan/ehp/ehplaws/ejeo.shtm. Federal Emergency Management Agency. 2006. Advisory Base Flood Elevation Map, Orleans Parish, Louisiana. Map OR- LA-EE-34. Website: http://www.fema.gov/pdf/hazard/flood/recoverydata/katrina/maps/katrina_la_OR-LA-EE34.pdf. Federal Emergency Management Agency. 2008. Preliminary Digital Flood Insurance Rate Map (DFIRM) Preliminary Revised Map No. 22087C0480D, October 30, 2008. Federal Emergency Management Agency. 2011. David Miller. Guidance for Use of Best Available Data in Complying with 44CFRPart 9 and EO 11988 for Certain Areas of Greater New Orleans Google Earth. 2010. Aerial Imagery. U.S. Fish and Wildlife Service. 2010. National Wetlands Inventory Maps. http://www.fws.gov/wetlands/Data/mapper.html. Louisiana Department of Environmental Quality (LDEQ). 2011. Electronic Document Management System. Louisiana Department of Natural Resources (LDNR). 2011. Permits/Mitigation Support Division. Website: http://dnr.louisiana.gov/crm/coastmgt/coastmgt.asp. Louisiana Department of Environmental Quality. Air Quality Data. Website: http://www.deq.louisiana.gov/portal/tabid/37/Default.aspx?Search=non-attainment+areas Louisiana Department of Environmental Quality. Volunteer Remedial Program List. Website: http://www.deq.louisiana.gov/portal/Portals/0/Remediation Services/VRP. Louisiana Department of Environmental Quality. State Brownfield list. Online Available: http://www.deq.louisiana.gov/portal/tabid/2620/Default.aspx. Louisiana Department of Environmental Quality. Leaking Underground Storage Tank list. Website: http://www.deq.louisiana.gov. Louisiana Department of Natural Resources. Coastal Zone Management Act. Website: http://dnr.louisiana.gov/crm/coastmgt/coastmgt.asp. Louisiana Department of Natural Resources, Office of Coastal Management. Letter Correspondence 12/13/2011 from Karl L. Morgan, Administrator. Louisiana Mapping Project (LaMP). 2006-2007. Website: http://www.lamappingproject.com National Oceanic and Atmospheric Administration. Coastal Barrier Resources Act. Website: http://www.csc.noaa.gov/cmfp/reference/Coastal_Barrier _Resources_Act.htm Accessed. Principal Environmental & Historic Preservation Laws. Website: http://www.fema.gov/plan/ehp/ehplaws/, accessed September 2010. U.S. Environmental Protection Agency (USEPA). 2010. Currently Designated Nonattainment Areas for All Criteria Pollutants. Website: http://www.epa.gov/oar/oaqps/greenbk/ancl.html. U.S. Fish and Wildlife Service. Endangered Species Data. Website: http://www.fws.gov/endangered/wildlife/htm. Appendix A Project Plans Note: Project plans are included in the PDF version of this document Appendix B Agency Correspondence Note: State and Federal Agency correspondence is included in the PDF version of this document Appendix C Eight-Step Decision Making Process Note: The Eight-Step Decision Making Process is included in the PDF version of this document Appendix D Public Notice FEMA PUBLIC NOTICE OF AVAILABILITY DRAFT ENVIRONMENTAL ASSESSMENT AND DRAFT FINDING OF NO SIGNIFIFCNAT IMPACT FOR RECONSTRUCTION AT AN ALTERNATE LOCATION OF THE ST. BERNARD PARISH MAIN MAINTENANCE YARD RESTROOM FACILITY ST. BERNARD PARISH, LOUISIANA Interested parties are hereby notified that the Federal Emergency Management Agency (FEMA) has prepared an Environmental Assessment (EA) for a proposed reconstruction and relocation of the Hurricane Katrina-damaged St. Bernard Parish Main Maintenance Yard Restroom Facility located at 120 W. Agriculture Road in Chalmette, Louisiana. The damaged Restroom Facility, whose approximate dimensions are 16’4” x 11’4”, has two toilets and two sinks; the proposed facility would be constructed in the northwest corner of Sidney Torres Memorial Park, at 8201 W. Judge Perez Drive in Chalmette, and have the same capacity and function as the damaged facility. Work for the new facility would include removal of ground cover; construction of a slab with footings and a concrete framed one-story structure; extension of existing park utilities to the facility; and upgrading from the existing facility to comply with current codes and standards. The coordinates of the proposed location are: latitude: 29.95873; longitude: -89.98153 . St. Bernard Parish Government seeks Federal grant funds for this action, eligible for repairs or replacement under a Presidential Disaster Declaration signed on August 29, 2005 (FEMA-1603-DR-LA). Per the National Environmental Policy Act (42 U.S.C. 4371 et seq.), and associated environmental statutes, a Draft EA has been prepared to evaluate the action’s potential impacts on the human and natural environment. The Draft EA summarizes the purpose and need, alternative site analysis, affected environment, and potential environmental consequences associated with the proposed action. The public notice will be published for five consecutive days: February ___ through February ___, 2012. The comment period will be 15 days – beginning on February ___, 2012 through February ___, 2012. Written comments on the Draft EA or related matters can be faxed to FEMA’s Louisiana Recovery Office at (504) 762-2323; or mailed to FEMA Louisiana Recovery Office, 1 Seine Court, New Orleans, Louisiana 70114. The Draft EA can be viewed and downloaded from FEMA’s website: http://www.fema.gov/plan/ehp/envdocuments/ea-region6.shtm. A public notice will be published for 5 days in the local newspaper, The St. Bernard Voice, announcing the availability of the Draft EA for public review at the St. Bernard Parish Central Library at 1125 E. St. Bernard Highway in Chalmette, Louisiana. Based on FEMA’s findings to date, no significant adverse environmental effects are anticipated. However, if FEMA receives new information that results in a change from no adverse effects then FEMA would revise the findings and issue a second public notice allowing time for additional comments. If no substantive comments are received, the Draft EA and associated Draft Finding of No Significant Impact (FONSI) will become final and this initial Public Notice will also serve as the final Public Notice. Substantive comments will be addressed as appropriate in the final documents. ii 3 1 Torres Park Restroom Facility – DRAFT Environmental Assessment (January 2012) 9 Torres Park Restroom Facility – DRAFT Environmental Assessment (January 2012)