achp city hall ae notice_12!28!09

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U.S. Department of Homeland SecurityFederal Emergency Management Agency

FEMA-1603/1607/1786/1792-DR-LALouisiana Transitional Recovery Office

FEMA Mail Center 1st floor

Environmental/Historic Preservation

1 Seine CourtNew Orleans, Louisiana 70114

December 29, 2009

Reid Nelson, DirectorOffice of Federal Agency Programs

Advisory Council on Historic Preservation

Old Post Office1100 Pennsylvania Ave., NW, Suite 809

Washington, D.C. 20004

RE: Section 106 Review Consultation, Hurricane Katrina

Undertaking: Purchase of the Chevron building (935 Gravier St) to house the City of New

Orleans operational and administrative functions resulting in the abandonment of NewOrleans City Hall (1300 Perdidio Street)

Applicant: City of New Orleans

Determination: Adverse Effect to Historic Properties

Dear Mr. Nelson:

The Federal Emergency Management Agency (FEMA) has initiated Section 106 review for NewOrleans City Hall in accordance with the Programmatic Agreement among FEMA, the Louisiana

State Historic Preservation Officer (SHPO), the Louisiana Governors Office of Homeland Security

and Emergency Preparedness (GOHSEP), the Alabama-Coushatta Tribe of Texas, the CaddoNation, the Chitimacha Tribe of Louisiana, the Choctaw Nation of Oklahoma, the Coushatta Tribe

of Louisiana, the Jena Band of Choctaw Indians, the Mississippi Band of Choctaw Indians, the

Quapaw Tribe of Oklahoma, the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, theTunica-Biloxi Tribe of Louisiana, and the Advisory Council on Historic Preservation dated August

17, 2009 (2009 Statewide PA). The City of New Orleans (Applicant) intends to use FEMA Public

Assistance Program funding to purchase the Chevron building resulting in the abandonment of New

Orleans City Hall (Undertaking)..

The scope of the FEMA undertaking includes the purchase of and potential interior renovations to

the Chevron building, located at 935 Gravier Street. The City of New Orleans would move all ofthe citys operational and administrative functions to this new facility which would result in the

abandonment of City Hall, bounded by Perdido, LaSalle, Poydras Street and Loyola Boulevard.

The applicant intends to make the current City Hall building safe and secure, however it is unclear

at this time what steps the applicant intends to make to ensure this action.

The Area of Potential Effects (APE) is determined to be the footprint of the Chevron Building and

the footprint of City Hall and its garage. The Civil Courts Building, which is attached to the CityHall, is not included in the APE and will remain occupied by the Civil Court function. There are no

ground disturbing activities proposed for the undertaking at this time. Should the undertaking

change, this APE may be modified based upon any new, submitted scope of work.


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Historic Properties Adversely AffectedPurchase of the Chevron Building resulting in the abandonment of City HallOrleans Parish

FEMA has determined that the Chevron building is not eligible for the National Register of Historic

Places (NRHP) individually or as part of a listed or eligible National Register Historic district. The

Chevron building does not meet the 50-year-criterion nor criteria consideration G of the NationalRegister guidelines to be considered eligible for the NRHP.

In a previous Section 106 consultation dated November 12, 2005, FEMA determined that City Hall

was eligible for the NRHP under criterion A and C. SHPO responded on December 8, 2005 stating

that City Hall was potentially eligible for the NRHP under Criterion A but not under Criterion C. In2009, for purposes of this consultation, FEMA has undertaken additional research necessary to

determine that City Hall is eligible under Criteria A and C. FEMA has formally consulted with the

Louisiana State Historic Preservation Officer (SHPO) and requested SHPOs comments on itsadverse effect determination in a letter dated December 29, 2009.

FEMA applied the criteria of adverse effect, pursuant to 36 CFR 800.5(a)(1), and determined thatthe abandonment of City Hall has the potential to cause an adverse effect to New Orleans City Hallthat is reasonably foreseeable and may occur later in time or be cumulative. In accordance with 36

CFR part 800.5(a)(2)(iv), the removal of the operational and administrative functions from City

Hall constitutes a change in the character of the propertys use that contribute to its historicsignificance. Additionally, 36 CFR part 800.5(a)(2)(vi), states that the neglect of a property which

causes its deteriorationis also an example of an adverse effect. Since the applicant has not yet

indicated what actions it intends to take to make City Hall safe and secure, FEMA will take steps toconsider the effects of the abandonment of the building through the development of a Memorandum

of Agreement (MOA) for this Undertaking.

This letter, pursuant to 36 CFR 800.6(a)(1), is intended to notify the Advisory Council on HistoricPreservation (ACHP) of the adverse effect. We have enclosed maps and photographs required by

36 CFR 800.11(e). FEMA is inviting the ACHP to participate in this consultation pursuant to 36

CFR 800.6(a)(1)(i)(A). In addition FEMA has reviewed Appendix A to Part 800, Criteria forCouncil Involvement in Reviewing Individual Section 106 Cases, and suggests that the involvement

of the ACHP is warranted because the undertaking has the potential for presenting procedural

problems. Please advise FEMA by January 14, 2010 if the ACHP intends to participate in thisconsultation.

FEMA will provide a reasonable opportunity for Indian tribes to identify concerns about historic

properties that may be affected by this Undertaking and to advise FEMA on the identification and

evaluation of historic properties, including those of traditional religious and cultural importance.FEMA will provide these Indian tribes with the opportunity to participate in the resolution of

adverse effects.

FEMA will also notify potential Consulting Parties of this adverse effect consultation by e-mailing

them a copy of this letter and the background information.

We propose to send future notices, draft agreements, and other background information to the

SHPO and Consulting Parties by e-mail to minimize communication delays and expedite the


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achp city hall ae notice_12!28!09

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