Federal Emergency Management Agency
PUBLIC ASSISTANCE
AND HAZARD MITIGATION
GRANT PROGRAM
ENVIRONMENTAL
CONSIDERATIONS AND CONTACTS
FEMA-1601-DR-LA
FEMA-3212-EM-LA
FEMA-1603-DR-LA
Department of Homeland Security
Federal Emergency Management Agency
Joint Field Office
415 N. 15th Street
Baton Rouge, LA 70802
(225) 242-6000
September 19, 2005
The Federal Emergency Management Agency (FEMA) and the Louisiana Office of Homeland Security and Emergency Preparedness (LOHSEP) are here to assist communities in responding to and recovering from the damages as a result of Hurricane Katrina, August 29, 2005. This information package is designed to address the necessary federal and state regulations and guidelines to facilitate your application process for the Public Assistance and Hazard Mitigation Grant Programs. This is not intended to be inclusive of all possible applicable laws, but those routinely encountered in disaster recovery.
In addition to assisting applicants in gathering current information for informed decision making, we are responsible for ensuring that numerous state and federal environmental and historic preservation laws and Executive Orders are met. It is necessary for any applicant receiving FEMA and state assistance to obtain and comply with all applicable local, state, and federal laws, requirements and permits. Please be aware that failure to comply may jeopardize federal funding.
We are available for technical assistance. If you have any questions or need assistance, please contact the Baton Rouge Joint Field Office for the FEMA Environmental Liaison Officer at (225) 339-3743.
Donald R. Fairley, REM
Environmental Liaison Officer
FEMA Region VI
Bill Douglas
Environmental Officer
LOHSEP
ENVIRONMENTAL CONSIDERATIONS AND CONTACTS
FEMA-1601-DR-LA, FEMA- 3212-EM-LA, and FEMA-1603-DR-LA
The Federal Emergency Management Agency (FEMA) is here to assist communities in responding to and recovering from disasters. A part of FEMA's responsibility is to ensure that the requirements of environmental and historic preservation laws and Executive Orders are met. It is necessary for any applicant receiving FEMA assistance to obtain and comply with all applicable local, state, and federal laws, requirements, and permits. Please be aware that failure to comply may jeopardize federal funding. If you have any questions or need assistance, please contact the Joint Field Office and ask for:
A FEMA Environmental or Historic Preservation Specialist at (225) 339-3743; or
Bill Douglas, Louisiana Office of Homeland Security and Emergency Preparedness (LOHSEP) Environmental Officer at (225) 925-7393, Fax (225) 925-7501, email bdouglas@ohsep.louisiana.gov
DEBRIS STAGING, STOCKPILING, BURNING, AND DISPOSAL
General Information
Applicants who will be requesting federal financial assistance for debris removal and disposal must comply with all federal, state and local laws and regulations. Care must be exercised in locating areas to stockpile/stage, burn, and dispose of storm generated debris (i.e. vegetative, construction and demolition, and contaminated contents). These sites must be located more than 1/4 mile from a public or private water supply and situated away from residences, airports, and floodplains. Debris cannot be staged, stored, burned, or disposed in wetlands.
Sites created for debris staging, stockpiling and burning must have erosion control measures established at the sites. Upon completion of debris operations, the sites must be restored to pre-use conditions. Should laboratory testing be required, check with the Louisiana Department of Environmental Quality (LDEQ) for a listing of accredited analytical laboratories.
Debris can be temporarily staged, stockpiled, or burned in a floodplain during emergency situations when no other alternative is available. However, when the initial emergency is over, the debris or resulting ash must be removed from the floodplain. In order to stage, stockpile, or burn debris in a floodplain, a floodplain permit must be obtained from the local or state floodplain administrator.
Applicants who will be requesting federal financial assistance must complete an "Emergency Debris Management Site Certification Form, FEMA-1601-DR-LA, FEMA- 3212-EM-LA, FEMA-1603-DR-LA" per instructions (see attached form). The complete form must be submitted for each debris staging, stockpiling, burning, or disposal site. If site preparation for debris activities requires any ground-disturbing activities, including creation of access roads, applicants must also complete the portion of the site certification form identified as "Requirements for Debris Activities Involving Ground Disturbance" (see attached form). A completed and signed form must be included with each debris-related project worksheet and a copy must be retained by the applicant as part of their permanent project record.
Burning
Applicants must obtain all permits as required by the Clean Air Act as would be done for any non-disaster activity. Applicants who will be requesting disaster assistance need to comply with the LOHSEP/Louisiana Department of Environmental Quality (LDEQ) State Burn Permit process as described in attachments of this document. Debris burning must meet all local, parish, and state burn requirements and permits. Applicants must notify their parish Emergency Manager and local fire department prior to burning.
For further information contact:
§ Your local fire department;
§ Your Parish Emergency Manager;
§ Steve Aguillard, LDEQ, at (225) 219-3718, Main office (225) 219-3715, Fax (225) 219-3708; or
§ Richard Weiser, LOHSEP, at (225) 379-4028, Fax (225) 925-7501.
Animal Carcass Disposal
Animal carcasses may be disposed of using either cremation or burial. For cremation, methods include either incineration or air-curtain pit burning. Incinerators shall be dual burning Type 4 (human and animal remains) approved for use within the state. Air curtain pit burning incorporates an earthen pit and blower which is precisely configured to properly function. Ashes resulting from cremation are considered a solid waste and may be buried on site if soils and water table conditions allow. If conditions are not suitable for on site burial, ashes will be disposed of in an approved landfill. In either case, the Louisiana Department of Environmental Quality (LDEQ) and Louisiana Department of Agriculture and Forestry (LDAF) will be contacted before burning carcasses. If possible LDAF will have the state veterinarian present during carcass cremation.
The burial method requires the animal carcass to be placed in a pit or trench not less than six feet deep when disposing of carcasses of large animals (i.e. cows and horses) with a minimum of four feet of soil covering the carcasses. The burial pit for smaller animals (i.e. swine, dogs, and cats) shall be not less than four feet in depth with a minimum of two feet of soil covering the carcasses. Carcasses shall be placed side by side or end to end and shall not be stacked on top of each other. The soils shall be impervious and suitable for waste disposal. Burial will be two feet or greater above the soil seasonal high-water table. Additionally, burial locations shall be outside of floodplain, at least 300 feet up gradient and 200 feet down gradient from private well, water bodies, streams, public areas and not within 500 feet of a public well. The finished burial site cover shall be shaped so drainage and runoff will be away from the pit or trench.
For additional information see the LDEQ/LDAF attachment to this document.
Debris Disposal
Applicants are encouraged to reduce debris volume by chipping, grinding, recycling, and/or burning. All materials must be disposed of in an approved landfill or permitted site.
Applicants should ensure that household hazardous and liquid wastes, as defined in LAC Title 33 Part VII, Solid Waste, (i.e. lead acid batteries, used oil filters, used motor oil, scrap tires) Any item containing CFC's (refrigerants), radioactive waste or regulated infectious wastes are excluded from non-hazardous debris disposal and are disposed of according to state guidelines for the disposal of hazardous materials.
For further information contact:
§ Beth Scardina, LDEQ, at (225) 219-3070, Fax (225) 219-3158.
For information concerning the disposal of animal carcasses, applicants should contact:
§ The Natural Resources Conservation Services (NRCS) Liaison at (504) 858-3385 or the NRCS State Environmental Engineer at (318) 229-3388.
BUILDING REPAIR AND EMERGENCY DEMOLITION
Asbestos
Asbestos in Building Materials: Demolition and renovation of any industrial, commercial, or public structure, regardless of asbestos content, must be coordinated with the LDEQ to obtain an Asbestos Notification of Demolition and Renovation Form (AAC-2) in compliance with Louisiana emissions standards for asbestos pursuant to Title 33, Subchapter 51, Subchapter M of the Louisiana Administrative Code. The applicant is responsible for obtaining and complying with all required permits. Asbestos Disposal Verification Forms (ADVF) can be obtained at: http://www.deq.state.la.us/permits/asbestos/index.htm
For further information, contact the DEQ regional office responsible for your area:
§ Mickey Drury, LDEQ, Southeast Regional Office, at (504) 736-7701, Fax (504) 736-7702; or
§ The LDEQ hotline, after hours, at (225) 342-1234
Historic Preservation
There are numerous historic structures in the disaster area. Many of these structures are not on the National Register of Historic Places (NRHP), but may be eligible for the NRHP, which requires a historic review under Section 106 of the National Historic Preservation Act (NHPA). This law requires FEMA to coordinate projects with the State Historic Preservation Officer (SHPO). Any structure receiving federal assistance that is 45 years or older, or that otherwise has "exceptional importance," and/or cultural significance, must be reviewed under Section 106 before any demolition, construction or repair activity may begin.
The Louisiana Department of Culture, Recreation, and Tourism's Office of Cultural Development is the responsible agency and houses the State Historic Preservation Officer (SHPO). FEMA performs the initial coordination with the SHPO, however, the applicant may be requested to provide any additional information necessary to complete compliance under the NHPA.
To expedite review by the SHPO please provide the following:
For architectural work that involves historic and potentially historic structures, (e.g., buildings, bridges, culverts or other structures 45 years old or older) please submit:
§ A project scope of work describing the property/structure(s), age, exact location (i.e. address, distance and direction from nearest intersection, UTM coordinates), and, if known, current and past use.
§ A clear 35mm photograph of the structures, hard copy or digital (no photocopies or Polaroids please).
For further information contact:
§ Mike Varnado, at (225) 342-8160, Fax (225) 342-8173
GROUND DISTURBING ACTIVITIES (ARCHEOLOGICAL RESOURCES)
Any projects receiving federal assistance which impact a previously undisturbed area (e.g., relocating a utility, road realignment, a material borrow area for construction, or preparation of debris staging, stockpiling or burning sites) must be reviewed by the SHPO for archeological concerns before initiating construction. Land that has been plowed or used for agriculture is not considered previously disturbed and must be evaluated.
To expedite review for all work that involves surface-level or subsurface ground disturbances, please submit the following:
§ An accurate map of the project area (SHPO prefers a USGS topographic quad sheet whenever available).
§ A brief description of all proposed work (include depth for subsurface impacts).
NOTE - If any buried cultural materials are encountered during construction, (e.g., wells, cisterns, foundations, basements, prehistoric Indian artifacts, or human burials) all work must cease immediately and coordination with FEMA, the SHPO, and LOHSEP is required before any work can resume.
For further information contact:
§ Duke Rivet at (225) 342-8170, Fax (225) 342-4480, E-mail: drivet@crt.state.la.us; or
§ Rachel Watson at (225) 342-8170, Fax, (225) 342-4480, E-mail: rwatson@crt.state.la.us.
TRIBAL AFFAIRS
Activities in the declared parishes may have the potential to impact the Tunica-Biloxi Tribe, Chitimacha Tribe, Coushatta Tribe, Jena Band of Choctaw Tribe, Alabama Coushatta Tribe of Texas, Caddo Nation, Mississippi Band of Choctaw, and Quapaw Tribe of Oklahoma respectively. The Bureau of Indian Affairs serves as a facilitator for coordination of disaster recovery activities to Tribal Governments. For information on federally-recognized tribes that have an interest in Louisiana contact:
§ Scott Meneely, Bureau of Indian Affairs, Eastern Region, at (615)-564-6760, Fax 615-564-6701;
§ Johnny Parham Bureau of Indian Affairs, Eastern Region, at (615)-564-6920, Fax 615-564-6701; or
§ Joseph Hesbrook, FEMA Tribal Liaison (225) 242-6126, Fax (225) 379-4010.
The following additional tribes are recognized by the State of Louisiana: the United Houma Nation, the Choctaw Apache Tribe, the Clifton Choctaw Tribe, the Adai Caddo Tribe, the Four Winds Tribe, the Biloxi Chitimacha Confederation of Muskogee, and the Point au Chien Tribe.
For information on tribes located in Louisiana contact:
§ Pat Arnould, Deputy Director, Governor's Office of Indian Affairs at (225) 219-7556, Fax (225) 219-7551, E-mail: pat.arnould@indianaffairs.state.la.us; or
§ Heather Westra, FEMA Environmental Specialist at (225) 376-5352.
WORK IN WATERWAYS, WETLANDS AND FLOODPLAINS
Section 404 and Section 10 Permits
Section 404 of the Clean Water Act regulates the discharge of dredge or fill material into waters of the United States which includes navigable waters and wetlands. Section 10 of the Rivers and Harbors Act applies to actions affecting waters of the United States. The U. S. Army Corps of Engineers (USACE) administers both laws. Examples of actions requiring permits include construction, demolition, and any dredging or filling in any part of surface water tributaries, including small streams, lakes, ponds, stock tanks, construction and mining pits, and wetlands. Obtaining permits is the responsibility of the applicant.
NOTE - Unless it is an emergency action, i.e., immediate threat to life or property, obtaining permits must be done prior to executing any construction activity.
For emergency actions that have the potential to affect waters of the United States, applicants should submit a Section 404 Permit Coordination Request for Emergency Projects to the USACE Regulatory Branch Office.
To obtain information, including securing permits for this disaster contact:
§ Ronald J. Ventola, USACE, New Orleans District, at (504) 862-2255 or Fax (504) 862-2289; or
§ Ken Mosely, USACE Vicksburg District, at (601) 631-5289 or Fax (601) 631-5459.
Bridge Permits
Under Section 9 of the Rivers and Harbors Act, the General Bridge Act, and other statutes, the U.S. Coast Guard has jurisdiction over bridges that cross navigable waters of the U.S. Permits for construction and certain types of repair activities are administered through the Bridge Administration Program. Obtaining permits is the responsibility of the applicant. Unless it is an emergency action, i.e., immediate threat to life or property, obtaining permits must be procured prior to initiating construction activity.
To obtain permit information and for other project specific questions, contact:
§ Marcus Redford, P.E., U. S. Coast Guard, 8th CG District, at (504) 589-2965, Fax (504) 589-3063, E-mail: mredford@d8.uscg.mil.
NOTE - These activities may also need a permit from USACE.
Floodplain Management
Any new construction or repairs to damaged structures in a floodplain must comply with the community's floodplain management regulations as required by the National Flood Insurance Program. No construction activities, repair, or new construction can begin without approval of the local floodplain administrator.
Contact your local parish or city floodplain administrator for specific information regarding floodplain management. In order to locate the name and telephone number of your local floodplain administrator on the internet go to: www.louisianafloods.org.
For further information contact:
§ Cindy O'Neal, Louisiana State Department of Transportation, at (225) 274-4354, Fax (225) 274-4351, E-mail: coneal@dotd.louisiana.gov.
Louisiana Natural and Scenic Rivers
The Louisiana Department of Wildlife and Fisheries (LDWF) administers permits for activities in or near state designated Natural and Scenic Rivers, under the requirements of LAC Title 76 Part IX. Natural and Scenic Rivers are located in 14 parishes that have been declared under FEMA-1601-DR-LA, FEMA- 3212-EM-LA, FEMA-1603-DR-LA (see attached list).
The following types of actions are prohibited in designated natural and scenic rivers: channelization, channel realignment, clearing and snagging, impoundments, and commercial clearcutting within 100 feet of the ordinary low-water mark. Any other activity that may detrimentally affect or significantly degrade the wilderness quality, aesthetic values, or the ecological integrity of a river must be permitted by the Louisiana Department of Wildlife
and Fisheries (LDWF). Construction activities requiring permits include, but are not limited to: bridge, pipeline, and power line crossings; bulkheads, piers, docks and ramps; wastewater discharges; land development adjacent to rivers; aerial application of pesticides and fertilizers to fields adjacent to scenic streams; and water withdrawals. Disaster
related activities that may require permits include, but are not limited to, stockpiling and/or burning of debris and work on piers, boat slips, bulkheads, roads, bridges, pipelines, and utilities within 100 feet of the low water mark. Removal of recent deadfalls in designated rivers and streams usually does not require a permit, however contact LDWF prior to conducting operations to confirm that a permit is not required. Debris removal may require a permit, but in emergency situations an emergency permit can be issued within a matter of hours.
For further information contact:
§ Keith Cascio, LDWF, at (318) 237-4016, Fax (318) 345-0797 E-mail: kcascio@wlf.louisiana.gov.
Executive Order 11988, Floodplain Management and Executive Order 11990, Protection of Wetlands
Any action funded by FEMA that may affect a wetland or floodplain must be reviewed by FEMA for compliance with Executive Orders (EO) 11988 and 11990 and must also follow the eight-step evaluation and planning process, including public notification, as identified in 44 CFR Part 9. Applicants proposing to initiate actions in potential wetland areas should coordinate with the USACE, FEMA, and U.S. Fish and Wildlife Service. Debris cannot be stored in a wetland, even temporarily. To remove debris from a wetland or conduct any other demolition, repair or construction activity in a floodplain or wetland, as appropriate, contact:
§ Ronald J. Ventola, USACE, New Orleans District at (504) 862-2255, Fax (601) 631-5459, E-mail: Ronald.j.ventola@mvk02.usace.army.mil;
§ Ken Mosely, USACE, Vicksburg District at (601) 631-5289, Fax (601) 631-5459, E-mail: ken.p.mosley@mvk02.usace.army.mil; or
§ Jim Boggs, USFWS, at (337) 291-3100, Fax (337) 291-3139.
EXECUTIVE ORDER 12898, ENVIRONMENTAL JUSTICE
Environmental Justice, Executive Order 12898, states that Federal agencies must identify and address disproportionately high and adverse human health or environmental affects of its programs, policies, and activities on minority populations and low-income populations. Executive Order 12898 applies when actions would disproportionately and adversely effect minority or low-income populations. Additionally, the Executive Order states that Federal programs, policies, and activities must not exclude persons and populations from participating in benefits because of race, color, or national origin.
In its disaster recovery activities, FEMA must determine:
§ If minority or low-income populations are within the area of effects of these actions;
§ If the effects are adverse; and
§ If the adverse effects on minority or low-income portions of the population are disproportionately high.
When these three conditions exist, FEMA will consider mitigation measures to avoid or minimize the adverse effect and take extra care to ensure adequate public participation.
THREATENED AND ENDANGERED SPECIES
There are numerous listed species and/or critical habitat in the disaster area protected under the Endangered Species Act and the Louisiana Natural Heritage Program, which includes birds, mammals, fish, reptiles,
amphibians, and plants. If clean-up or construction activities are intended on previously unaltered land, or may potentially affect the water quality or quantity of a watershed, or if you believe any state or federal listed or proposed species may be affected (positively or negatively) by your actions, additional information can be obtained from:
§ Mike Carloss, LDWF for state listed species, at (225) 485-5542, Fax (225) 765-2452;
§ Karen Soileau, USFWS, for Federally-listed threatened and endangered species, at
(337) 291-3132, Fax (337) 291-3139; or
§ Eric Hawk, Section 7 Coordinator, National Marine Fisheries Service, at (727) 824-5312,
Fax (727) 824-5309, E-mail: eric.hawk@noaa.gov.
ACTIVITIES IN COASTAL AREAS
Coastal Zone Management Act
The Department of Natural Resources (LDNR), Coastal Management Division, monitors, manages, and permits
coastal zone actions in partnership with the federal government under the Coastal Zone Management Act
(CZMA). LDNR Coastal Management Division is responsible for implementing the Louisiana Coastal Resources Program (LCRP), which has been approved by the federal government in accordance with the CZMA. The LCRP
requires permits for certain activities in designated coastal zones. Permits must be obtained through the LDNR, Coastal Management Division prior to any construction activity. Emergency actions may require a permit, but in
emergency situations an emergency permit can be issued within a matter of hours. For permit information concerning any activity that may potentially affect coastal dunes and estuarine areas contact:
§ Rocky Hinds, LDNR, Coastal Management Division, at (225) 342-7998 or 1-800-267-4019,
Fax (225) 342-9439, E-mail: rockyh@dnr.state.la.us
Coastal Barrier Resources Act
The Coastal Barrier Resources Act (CBRA) protects ecologically sensitive coastal barriers along the Atlantic and Gulf coasts and is regulated by the U.S. Fish and Wildlife Service. This includes actions that have the potential to adversely affect fish, wildlife, and other natural resources associated with coastal barriers. Compliance with this Act will be coordinated by FEMA.
DRINKING WATER
Flooding and other disasters can seriously impact the quality of drinking water from both public water systems and from private water wells. Public water systems and other water suppliers are required to issue a "boil water notice" to all customers in the event that water quality is compromised. Under this notice, customers are advised to boil their water before consumption or use until such time that samples confirm that the water is safe.
Those with individual water wells must also be aware of the possible contamination of water after flooding or other disasters. If it is confirmed or suspected that the quality of drinking water has been compromised, the well should be disinfected and sampled to assure that the water is safe to consume. Information regarding procedures for disinfecting private wells and locations where samples can be taken for analysis may be accessed at:
http://www.oph.dhh.state.la.us/engineerservice/safewater/index.html
The Louisiana Department of Health and Hospitals, Office of Public Health's Safe Drinking Water Programs posts "boil water notices" and other information pertaining to safe drinking water at:
http://www.oph.dhh.state.la.us/engineerservice/safewater/index.html
If there are any questions regarding this issue or procedures outlined contact:
§ Doug Vincent, Engineering Services, Louisiana Department of Health and Hospitals, Office of Public Health, at (225) 765-5038, Fax (225) 765-5040; or
§ Karen S. Irion, Safe Drinking Water Program Administrator, Louisiana Department of Health and Hospitals, Office of Public Health, at (225) 765-5038, Fax (225) 765-5040.
LOUISIANA OFFICE OF HOMELAND SECURITY AND EMERGENCY PREPARDNESS
The State of Louisiana administers the Public Assistance and Hazard Mitigation Grant Programs following a disaster. Points of contact are listed below:
Public Assistance, LOHSEP
During the response and recovery phases of this disaster, personnel can be reached at the Joint Field Office (JFO) please contact:
§ Jeff Smith, LOHSEP, State Coordinating Officer, at (225) 389-7280, Fax (225) 346-4175.
After closure of the Baton Rouge JFO, the State LOHSEP can be contacted at:
§ Richard Weiser, LOHSEP, State Public Assistance Officer, at (225) 379-4028, Fax (225) 267-2832.
Hazard Mitigation, LOHSEP
During the response and recovery phases of this disaster, personnel can be reached at the Joint Field Office (JFO):
§ Shane Rauh, LOHSEP, Hazard Mitigation, at (225) 925-7557, Fax (225) 925-7501.
After closure of the Baton Rouge JFO, LOHSEP mitigation personnel can be contacted at:
§ Shane Rauh, LOHSEP, Hazard Mitigation, at (225) 925-7557, Fax (225) 925-7501.
REMINDER
Any applicant for FEMA assistance must obtain and comply with all local, state, and federal environmental and historic preservation laws, requirements, and permits. Please be aware that failure to comply may jeopardize federal funding, so please notify the Environmental and Historic Preservation team if assistance is required.
ADDITIONAL RESOURCE INFORMATION:
Federal Resources
Advisory Council on Historic Preservation www.achp.gov
United States Department of Agriculture
Forest Service: www.fs.fed.us
Natural Resource Conservation Service: www.nrcs.usda.gov
United States Army Corps of Engineers
New Orleans District: http://www.mvn.usace.army.mil
Vicksburg District http://www.mvk.usace.army.mil
United States Department of the Interior
National Park Service: www.nps.gov
Bureau of Indian Affairs www.doi.gov/bureau-indian-affairs.html
Fish and Wildlife Service: www.fws.gov
Bureau of Land Management: www.blm.gov/nhp/index.htm
Bureau of Reclamation: www.usbr.gov
Environmental Protection: www.epa.gov
EPA-Surf Your Watershed: www.epa.gov/surf
U.S. Federal Government Agencies Directory: www.lib.lsu.edu/gov/fedgov.html
State Resources
Louisiana Office of Homeland Security and
Emergency Preparedness www.ohsep.louisiana.gov
Louisiana Department of Wildlife and Fisheries www.wlf.state.la.us/
Department of Agriculture and Forestry www.ldaf.state.la.us/
Office of the Attorney General www.ag.state.la.us/
Department of Health and Hospitals www.dhh.state.la.us/
State Historic Preservation Officer www.crt.state.la.us/crt/ocd/hp/ocdhp.htm
Governor's Office of Indian Affairs www.indianaffairs.com
Department of Social Services www.dss.state.la.us/
Department of Natural Resources www.dnr.state.la.us/
Department of Environmental Quality www.deq.state.la.us/
LSU AgCenter www.louisianafloods.org/
Louisiana Dept. of Transportation & Development www.dotd.state.la.us/
Louisiana Dept. of Insurance www.ldi.state.la.us/
For Notification of Hazardous Material or Oil Spills
National Response Center 1-800-424-8802
Louisiana State Police (emergency) 1-877-925-6595
LDEQ 1-225-342-1234
Louisiana Wildlife & Fisheries -
Response, Enforcement & Emergency Permits 1-800-442-2511
ENVIRONMENTAL CONSIDERATIONS
GENERAL GUIDANCE TO APPLICANTS
FOR PUBLIC ASSISTANCE
Numerous Federal environmental and historic preservation laws require compliance in order for applicants to receive ANY Federal funds for projects. The following are the laws that usually affect FEMA funded projects:
|
§ National Environmental Policy Act (NEPA). § Endangered Species Act. § National Historic Preservation Act. § Coastal Zone Management Act. § Solid Waste Disposal Act. |
§ EO 11988 Floodplain Management. § EO 11990 Wetlands Protection. § EO 12898 Environmental Justice. § Clean Water Act (Section 404). § Clean Air Act. |
Applicants are essentially allowed to complete the following work in accordance with specific policy guidance from FEMA:
§ Emergency Actions (e.g. search and rescue, emergency care, issues of life safety).
§ Debris Removal (not necessarily disposal or storage/staging).
§ Repairs/restoration to pre-disaster condition (with no significant change in footprint to include the construction area), unless the structure is older than 45 years.
§ Temporary repairs, unless the structure is older than 45 years.
Before the following actions can be taken, NEPA and other environmental and historic preservation considerations must be addressed:
§ Debris disposal (other than to a permitted landfill).
§ Any project where the footprint is different than pre-disaster condition.
§ Projects with Section 406 mitigation.
§ Any project affecting a historic, or potentially historic, site or structure.
§ Any project affecting a threatened, endangered or proposed species.
§ Any project affecting a wetland.
§ Any project affecting a floodplain.
§ Any project with known or suspected environmental concerns.
The following actions, whether approved by State or FEMA, must have an environmental review by FEMA prior to initiating construction:
§ Improved projects.
§ Alternate projects.
§ Other projects in which the approved scope of work has been changed.
NATURAL & SCENIC RIVERS SYSTEM
FOR DECLARED PARISHES
1. Abita River - St. Tammany Parish
2. Amite River - East Feliciana Parish - From the Louisiana-Mississippi state line to the permanent pool level of the Darlington Reservoir: and from the Darlington Reservoir Dam to LA. Hwy. 37.
3. Bashman Bayou - St. Bernard Parish - From its origin to Bayou Dupre.
4. Bayou Bienvenue - St. Bernard Parish - From Bayou Villere to Lake Borgne.
5. Bayou Cane - St. Tammany Parish - From its head waters to Lake Pontchartrain
6. Bayou Chaperon - St. Bernard Parish - From its origin to its end.
7. Bayou Chinchuba - St. Tammany Parish - From the West Causeway approach south to Lake Pontchartrain
8. Bayou Des Allemands - Lafourche Parish, St. Charles Parish - From Lac Des Allemands to Lake Salvador.
9. Bayou Dupre - St. Bernard Parish - From the Lake Borgne Canal to Terre Beau Bayou.
10. Bayou La Branche - St. Charles Parish - From its source to where it drains into Lake Pontchartrain.
11. Bayou LaCombe - St. Tammany Parish - From its head waters to Lake Pontchartrain
12. Bayou St. John - Orleans Parish
13. Bayou Trepagnier - St. Charles Parish - From Norco to where it joins Bayou La Branche.
14. Blind River - St. James Parish, Ascension Parish, Livingston Parish, St. John Parish - From its origin in Stl James Parish to its entrance into Lake Maurepas
15. Bogalusa Creek - Washington Parish
16. Bogue Chitto River - Washington Parish, St. Tammany Parish - From the Louisiana-Mississippi state line to its entrance into the Pearl
17. Bogue Falaya River - St. Tammany Parish - the river from its headwaters to Louisiana Highway 437 in St. Tammany Parish
18. Bradley Slough (Bayou) - St. Tammany Parish - All of that portion of the slough lying within the boundaries of St. Tammany Parish
19. Comite River - East Feliciana Parish, East Baton Rouge Parish - From the Wilson-Clinton Highway. in East Feliciana Parish to the entrance of White Bayou in East Baton Rough Parish
20. Holmes Bayou - St. Tammany Parish - All of that portion of the bayou lying within the boundaries of St. Tammany Parish
21. Lake Borgne Canal - St. Bernard Parish - From the Forty Arpent Canal to Bayou Dupre.
22. Lee's Creek - Washington Parish
23. Morgan River - St. Tammany Parish - From its juncture with the Porters River to its reentry into the St. Tammany Parish
24. Pirogue Bayou - St. Bernard Parish - From Bayou Dupre to New Canal.
25. Pushepatapa Creek - Washington Parish - From where East Fork and West Fork join near state line to where it breaks up prior to its entrance into the Pearl River
26. Tangipahoa - Tangipahoa Parish - From the Louisiana-Mississippi state line to the I-12 crossing
27. Tchefuncte River - St. Tammany Parish - From the Bogue Falaya River to Louisiana Highway 22, excluding any tributaries thereto from the Bogue Falaya south to Louisiana Highway 22; from the Highway 22 bridge to Lake Pontchartrain.
28. Terre Beau Bayou - St. Bernard Parish - From Bayou Dupre to the New Canal
29. Tickfaw River - St. Helena Parish - From the Louisiana-Mississippi state line to LA. Hwy 42
30. West Pearl River - Washington Parish, St. Tammany Parish - From the state line to its entrance into Lake Borgne
31. Wilson Slough - St. Tammany Parish
EMERGENCY DEBRIS MANAGEMENT SITE CERTIFICATION FORM
FEMA-1601-DR-LA, FEMA- 3212-EM-LA, and FEMA-1603-DR-LA
This form is to be used by applicants for Federal Emergency Management Agency (FEMA) and Louisiana Office of Homeland Security and Emergency Preparedness (LOHSEP) Public Assistance (PA) funding to document compliance with Federal and State environmental and historic preservation laws and regulations. To be considered for funding, the applicant must attach this form, or individual permits or approvals, to their PA Project Worksheet (PW) for debris projects. For ground disturbing activities only, fax the second page to the State Historic Preservation Office (SHPO) contact for approval. Individual certifications are required for each burning, burial, disposal, and/or staging or stockpiling site. The completed form must be attached to the PW as permanent project documentation.
City/Town to be served:__________________________________________________________________
Address:__________________________________ City:________________________ Zip:____________
Phone #:______________________FAX#:_____________________Parish:________________________
If disposing in landfill: name, location, & permit #:____________________________________________
_____________________________________________________________________________________
REQUIREMENTS FOR EMERGENCY DEBRIS STAGING, PROCESSING, BURNING OR DISPOSAL SITES
OTHER THAN APPROVED LANDFILLS
Legal description/GPS (specify datum used) Lat-Long for site:___________________________________________
Confirm each of the following requirements by checking the boxes and signing at the bottom.
q The site is located outside of the 100-year floodplain. If there are no feasible sites outside the floodplain, the local floodplain administrator has issued a floodplain permit and is attached (The floodplain map used must be a current Flood Insurance Rate Map prepared by FEMA, a Flood Prone Area Map prepared by the U.S. Geological Survey or an equivalent constructed map that depicts the limits and elevations of any 100-year floodplain on or adjacent to the proposed site.)
q The site is located at least ¼ mile from a public or private water supply (surface or ground). Site is a minimum of ½ mile from any known caves, springs, streams, and bayous. Site is located outside of known wetlands.
q If the site is within 100-feet of ordinary low water mark of a Louisiana Department of Wildlife and Fisheries designated Natural and Scenic River, a permit has been obtained. Water run-in/off controls must be used in upland areas outside the 100-foot boundary.
q If the site will receive any putrescible waste that may attract birds, it is located at least 5000-feet (1524 meters) from any airport runway used only by piston-engine aircraft, and at least 10,000-feet (3048 meters) from any airport runway used by turbojet aircraft, with any exceptions approved by the Federal Aviation Administration (FAA).
q Provisions are in place to ensure that hazardous and liquid waste as defined in LAC Title 33 Part V & VII, Solid Waste, such as lead acid batteries, used oil filters, used motor oil, whole used or scrap tires, any item containing CFC's, radioactive waste, regulated PCB's waste, or regulated infectious wastes are disposed of properly.
q The site has security to minimize uncontrolled dumping or access.
q The applicant has notified LOHSEP and obtained a burn permit from LDEQ, in addition to notifying the local Parish Emergency Management Director prior to any burning. Parish Emergency Manager:___________________________
q If burning is approved, provisions are in place to exclude the burning of rubber, plastics, asbestos containing materials, and other similar materials that produce unreasonable amounts of air contaminants.
q If burning is approved, all burn sites must be located at least at least 1000-feet from an occupied residence and are controlled so that the smoke does not create a vehicular and/or air traffic hazard or a nuisance condition.
q Any landfill used for debris disposal must be an existing, permitted and approved landfill. Creation of a new landfill for disaster debris is outside the scope of this certification and must be coordinated with FEMA, LOHSEP, and LDEQ.
______________________________________________ __________________________________
APPLICANT'S AUTHORIZED REPRESENTATIVE DATE
REQUIREMENTS FOR DEBRIS ACTIVITIES INVOLVING GROUND DISTURBANCE
FEMA-1601-DR-LA, FEMA- 3212-EM-LA, and FEMA-1603-DR-LA
If the creation or use of this emergency burning, processing, staging and/or stockpiling site will include ground disturbance, including the creation of temporary access roads, burying of debris or burn residual, or will impact structures over 45 years old, the applicant must coordinate with, and receive comments from, the Louisiana Office of Cultural Development, State Historic Preservation Office (SHPO), prior to the start of any ground disturbance.
It is the applicant's responsibility to mail or Fax this certification to Duke Rivet, at the SHPO for approval regarding all ground disturbance activities. The applicant must attach this certification to their Public Assistance Project Worksheet (PW) as part of the file's permanent documentation.
Individual certifications are required for each burning, burial, disposal, and/or staging or stockpiling site.
q Attach a map, in addition to this form, preferably a copy of a USGS 7.5 minute series quadrangle map with the project site location clearly identified.
q Identify the following Township_______ Section_______ Range_______ for the project site location.
_
APPLICANT'S AUTHORIZED REPRESENTATIVE DATE
Louisiana State Historic Preservation Officer
I certify that the above referenced site:
q Is not located on any known archeological site or historical property.
q Is located on an archeological site and an alternate area needs to be considered.
_______________________________________ ___
SHPO OFFICIAL DATE
Louisiana Office of Cultural Development
State Historic Preservation Office
ATTN: Duke Rivet
P.O. Box 44247
Baton Rouge, Louisiana 70804-4242
Telephone: (225) 342-8170
Fax: (225) 342-4480
CERTIFICATION OF COMPLIANCE WITH APPLICABLE LAWS FOR HAZARDOUS, TOXIC, RADIOACTIVE AND/OR BIOMEDICAL WASTE FOR HURRICANE KATRINA,
FEMA-1601-DR-LA, FEMA- 3212-EM-LA, FEMA-1603-DR-LA
This form is to be used by Federal Emergency Management Agency Public Assistance applicants to certify they are complying with all federal, state and local environmental laws, regulations and requirements with respect to hazardous, toxic, radioactive and/or biomedical waste and debris. In particular, the completion of this form attests to the applicant's certification that all recovery efforts, including managing, handling, treatment, clean-up, storage, transportation and disposal of hazardous toxic, radioactive and/or biomedical wastes and materials, are being conducted in accordance with all applicable federal, state and local laws and regulations, both substantive and procedural. The applicant must maintain all supporting documentation pertaining to the managing, handling, treatment, clean-up, storage, transportation and disposal of hazardous, toxic, radioactive and/or biomedical wastes and materials as part of their permanent project files. The applicant must attach this certification to their Public Assistance Project Worksheet.
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Applicant certifies that all hazardous, toxic, radioactive and/or biomedical waste, material and contaminated debris is managed (including handling, treatment, clean-up, storage, transportation and disposal) in accordance with all applicable federal, state and local laws, regulation and requirements including but not limited to, 33 LAC Part V § 301-329, 33 LAC Part I § 6901 et seq. and 51 LAC Part XXVII § 101 et seq.
___________________________________ _________________________
Signature of Authorized Certifying Official Date
Printed Name of Certifying Official __________________________________________
Title ___________________________________________________________________
Entity __________________________________________________________________
Facility _________________________________________________________________
Address _________________________________________________________________
________________________________________________________________________
Phone __________________________ Fax __________________________
PA ID ___________________________ Project Worksheet # _____________
CATASTROPHIC DEATH FROM NATURAL DISASTER
Guidelines for Cremation or Burial of Animal Carcasses
Dead animal disposal can be performed by various methods. Cremation and burial are acceptable methods of disposing of dead animals. This plan will address both methods.
Project sponsors seeking assistance in the cremation or burial of animal carcasses must contact Natural Resources Conservation Services (NRCS) Liaison at 504-858-3385 or the NRCS State Environmental Engineer at 318-229-3388. The request must include a description, scope and location of the problem. Once NRCS has received a request, NRCS will establish a team to evaluate the site and complete a Damage Survey Report (DSR). After an agreement is entered into with the sponsor, NRCS will immediately hire a contractor to either cremate or bury animal carcasses within the following guidelines.
Cremation methods include incineration or air-curtain pit burning. Incinerators shall be dual burning Type 4 (human and animal remains) approved for use within the state. Air curtain pit burning incorporates an earthen pit and blower. The blower and pit make up an engineered system which is precisely configured to properly function. The blower must have adequate air velocity to provide a "curtain effect" to hold smoke in and to feed air to the fire below. Ashes resulting from cremation are considered a solid waste and may be buried on site if soils and water table conditions allow. If conditions are not suitable for on site burial, ashes will be disposed of in an approved landfill. In either case, Department of Environmental Quality (LDEQ) and Louisiana Department of Agriculture and Forestry (LDAF) will be contacted before burning carcasses. If possible LDAF will have the state veterinarian present during carcass cremation. Single Point of Contact for notifying DEQ of intent to burn animal carcasses is (225) 219-3640 or (888) 763-5424. LDAF State Veterinarian can be reached at 225-575-2527 and USDA Veterinarian at 225-389-0436.
The burial method requires the animal carcass being placed in a pit or trench not less than six feet deep in the disposition of carcasses of large animals such as cows and horses with a minimum of four feet of soil covering the carcasses. The burial pit for smaller animals such as swine shall be not less than four feet in depth with a minimum of two feet of soil covering the carcasses. Carcasses shall be placed side by side or end to end. Carcasses shall not be stacked on top of each other. The soils shall be impervious and suitable for waste disposal. Burial will be two feet or greater above the soil seasonal high-water table. Additionally, burial locations shall be outside of a floodplain, at least 300 feet up gradient and 200 feet down gradient from private well, water bodies, streams, public areas and not within 500 feet of a public well. The finished burial site cover shall be shaped so drainage and runoff will be away from the pit or trench.
The U.S. Department of Agriculture (USDA) prohibits discrimination
in all its programs and activities.
USDA is an Equal Opportunity Provider and Employer.