U.S. Department of Homeland Security (DHS Seal) FEDERAL EMERGENCY MANAGEMENT AGENCY Region IV 3003 Chamblee Tucker Rd Atlanta, Georgia 30341-4130 Phone: (770) 220 5406 Fax: (770) 220 5440 SUPPLEMENTAL FINDING OF NO SIGNIFICANT IMPACT FEMA 1249-DR-FL UNMET NEEDS Plantation Key Colony/North Plantation Key Proposed Wastewater Treatment System, Islamorada, Village of Islands, Florida In response to Hurricane Georges damages and losses, Congress enacted Public Law 106-31, Emergency Supplemental Appropriations Act for Fiscal Year 1999, to fund long- term disaster recovery projects in Florida counties whose needs were unmet through primary disaster relief funds. The Village of Islamorada (Village), and other applicants, requested "Unmet Needs" Federal assistance, through the Florida Division of Emergency Management (FDEM), to improve their nearshore water quality by reducing wastewater nutrient loading that is worsened by flooding. Pursuant to the National Environmental Policy Act (NEPA), Council on Environmental Quality (CEQ) regulations implementing NEPA (40 Code of Federal Regulations [CFR] Parts 1500 to 1508), and FEMA regulations for NEPA compliance (44 CFR Part 10); FEMA prepared a Programmatic Environmental Assessment (PEA) (finalized on December 23, 2002) to address the likely effects of common technological and physical factors of implementing several wastewater collection, treatment, and disposal alternatives proposed by multiple project applicants. Based on the PEA findings, a Programmatic Finding of No Significant Impact (PFONSI) was signed on January 8, 2003. These documents are incorporated by reference. Because proposed projects (actions) and their effects vary depending upon project location, design alternatives, and other site-specific criteria; a Supplemental Environmental Assessment (SEA) tiering from the PEA has been prepared for the Village's proposal. The SEA was prepared in coordination with the Village and others, in consultation with State and Federal regulatory agencies, and is incorporated by reference. The proposed action's likely effects are within the scope of the PFONSI, and this Supplemental Finding of No Significant Impact (SFONSI) tiers from that, and addresses site- and project-specific findings and adverse effect mitigation measures. The Village proposes to build a community wastewater treatment plant (WWTP) at Mile Marker 89.8 (bayside) and associated wastewater collection system to replace currently inadequate on-site wastewater treatment systems in the Plantation Key Colony/North Plantation Key service areas. The WWTP will be designed to the Advanced Wastewater Treatment standard to meet the Florida Statutory Wastewater Treatment Standards by 2010 and have a treatment capacity of about 227,000 gallons per day. The WWTP will discharge treated effluent to shallow injection wells and/or make it available for reuse. Removal of existing on-site wastewater treatment systems, along with connection to the wastewater collection system, would be the property owner's responsibility, unless otherwise noted. This WWTP site alternative (2) is preferred because it is located in the service area and construction activities would have fewer adverse environmental effects than the other site alternative (3). Findings FEMA has made the following project- and site-specific determinations for the eleven major resource categories based upon the PEA and SEA. Geology, Topography, and Soils: For the proposed action, effects on geology, topography, and soils are expected to be minimal. A geotechnical study found area bedrock and soils suitable for proposed construction. Sinkhole development near shallow injection wells is possible because of increased limestone dissolution from injecting relatively fresh water into brackish to saline water. This risk is minimal because groundwater on Plantation Key is only about four feet below ground surface. Topographic effects would be isolated, limited to surface disturbances from construction site grading and wastewater collection system installation. Soils would be temporarily disturbed and suitable fill used at the WWTP site. Implementation of best management practices during construction would reduce temporary adverse affects from soil erosion. Per the Farmland Protection Policy Act, there are no prime, unique, or other special farmlands on Plantation Key. Water Resources and Water Quality: North Plantation Key is a Monroe County designated water quality "hot spot." The proposed action would incrementally benefit area water resources if implemented in accordance with applicable permitting (see SEA). Improved wastewater treatment would substantially reduce from current levels, discharge of suspended solids, nutrient, and pathogens to shallow groundwater. Because the Key's groundwater is hydraulically connected with nearshore waters, these and inland canals would benefit incrementally in the project area. To better quantify water quality improvements, we recommend that the Village implement a before and after nearshore water quality monitoring program in the service area vicinity. The proposed action would not adversely affect stormwater flow quantity and quality if the Village obtains and complies with applicable construction permits (see SEA). Per Presidential Executive Orders (EOs) 11988 (Floodplain Management) and 11990 (Wetlands Protection) and FEMA's implementing regulations at 44 CFR Part 9, FEMA evaluated proposed action floodplain and wetland effects. No freshwater wetlands were identified at the WWTP site or along service area roads. Marine wetlands are adjacent to the service area and will, in the long-term, benefit from the proposed action via improved groundwater and nearshore water quality. Temporary minor, adverse marine wetland effects are possible during construction. These would be minimized through the Village's adherence to County, State, and Federal surface water permit requirements (listed in SEA). The proposed action is in the 100- year floodplain and is considered a "critical facility" (action). Most of the Florida Keys are in the 100-year floodplain. Therefore, there are no practicable alternatives to siting WWTPs in the 100-year floodplain. The proposed action would not increase floodplain development since the Village's Building Permit Allocation System controls this. The 500-year floodplain is the floodplain of concern for "critical actions". Floodplain effects will be minimal and the federal investment protected, as long as the Village complies with its floodplain ordinance and critical action provisions at 44 CFR 9.11 (Mitigation). Biological Resources: The proposed action and its implemented adverse effect mitigation measures (listed in SEA) are expected to generally benefit biological resources, including special status species. Some indirect positive effects on Plantation Key's nearshore marine ecosystems (e.g., seagrass meadows and coral reefs) are expected from reduced suspended solids, nutrient loading, and pathogen releases. WWTP construction will destroy about 0.8 acres of degraded and exotic infested hardwood hammock. Although the hammock is of low quality, per its Comprehensive Plan, the Village will mitigate the adverse affect by minimizing construction effects and compensating the loss by conserving another hammock site at a 2:1 area ratio (see SEA). Per the Endangered Species Act (ESA) Section 7, a biological evaluation was completed for the WWTP site. The U.S. Fish and Wildlife Service concurred with FEMA's determination of "not likely to adversely affect threatened or endangered species or their critical habitat, with conservation measures implemented". Also, the National Marine Fisheries Service (NMFS) concurred with FEMA's ESA determination that the proposed action would not likely adversely affect threatened or endangered species or their critical habitat. Per the Magnuson- Stevens Fishery Conservation and Management Act, NMFS concurred with FEMA's finding that proposed action would benefit Essential Fish Habitat in the Plantation Key area. Air Quality: The proposed action would cause localized temporary, minor adverse air quality effects during construction, from dust and vehicle exhaust. Fugitive dust can be reduced by watering down the site and exhaust emissions lessened by limiting construction vehicle idle times. Objectionable odors may occur at the WWTP or along the collection system, and would be mitigated in accordance with Florida Administrative Codes 62-604.400 and 62-296.320. Cultural Resources: Per the National Historic Preservation Act (NHPA) Section 106 as implemented by 36 CFR Part 800, a cultural resources assessment found no historic properties within the proposed action's "area of potential affect". The Florida State Historic Preservation Officer (SHPO) concurred with FEMA's determination of "no effect" on historic properties. If unanticipated cultural resources are found during project activities, work must immediately stop in the affected area until further coordination with FEMA and the SHPO can be completed. Socioeconomics: The SEA considers socioeconomic impacts in terms of public health, tourism and fishing industries, and local fees and taxes. The proposed action's improved wastewater treatment is expected to reduce north Plantation Key's inland and nearshore waters' public health risks from potential viral and bacterial infections. Because proposed action construction would be mostly in residential areas, effects on tourism are expected to minimal and temporary. A traffic management plan would reduce tourism disruptions. The proposed action may indirectly and slightly benefit the Village's fishing industry by improving nearshore water quality around north Plantation Key. Recreational and commercial species dependent on that area, that are currently being harmed by water quality degradation from present service area wastewater treatment practices, would benefit most. The proposed action would increase most service recipients' current wastewater management costs, particularly for cesspits or septic system owners. With FEMA and other funding assistance applied to the proposed action's system capital costs, expenses for service recipients would be affordable. Either of the Village's proposed service recipient cost share options are considered affordable, as determined in the PFONSI. The Village is including the proposed action's system capital costs in a monthly utility rate and not offering an up- front lump-sum capital cost payment option. The action's capital cost (and about 6% debt service) proportion of the monthly rate would remain in effect for a 30-year term. Option 1 would be a service recipient cost share of 17.5% of proposed action system capital costs or about $54 a month per Equivalent Dwelling Unit (EDU); which includes a $39 a month operation and maintenance (O&M) fee, that is not eligible for federal funding assistance. Option 2 is 35% and about $64 a month per EDU, respectively; including a $34 a month O&M fee. If the Village's service recipient costs/fees are less than those of Option 2, then the proposed project would still be consistent with the PFONSI. Service recipients will be responsible for the entire cost of legally abandoning their existing wastewater system and installing a service lateral to the proposed action's collection system. These costs are expected to range between $1,500 and $5,000 per EDU. The Village's implementation of wastewater reuse as a disposal alternative may slightly increase these per EDU monthly costs. Hazardous Materials: A Phase I Environmental Site Assessment found no evidence of recognized environmental conditions at the proposed project site. Hazardous materials are not permitted in the sewage stream. However common household grease and cleaning products may enter the system. Chemicals will be used during the wastewater treatment process, but would be dissolved or consumed during disinfecting reactions with organic materials. The residual sludge would be transported and disposed at existing, appropriately licensed facilities in Miami-Dade County. Demographics and Environmental Justice: Per EO 12898 (Environmental Justice), implementation of the proposed action would equally benefit (via aforementioned direct water quality improvements and indirect health, environmental, and economic improvements) all north Plantation Key demographic groups. Siting the WWTP at the MM 89.8 site would not highly disproportionately and adversely affect any minority or low-income populations because none exist near the WWTP site. Per the PFONSI, Keys low-income service recipients cannot afford increased wastewater management costs and raising these would have a highly disproportionate and adverse effect. According to U.S. Census data, there are low-income residents in the Plantation Key Colony/North Plantation Key service areas. Applying PFONSI low-income assistance guidelines to the proposed project system capital costs would result in qualifying low-income service recipients paying about $45 per month per EDU under Option 1 and about $44 under Option 2. Qualifying very low-income service recipients would pay about $40 per month per EDU under Option 1 and about $37 under Option 2. PFONSI low-income assistance provisions for existing system abandonment and lateral service connection costs would be exceeded. The Village would provide 100% funding for qualifying service recipients for expenses to remove and dispose of their existing wastewater systems and to install service connections to the wastewater collection system. Although some of this assistance is eligible from the FEMA grant, this would be funded through a Community Development Block Grant. The Village has an application process for low-income service recipients to apply for both types of funding assistance. Implementation of the above financial mitigation measures would avoid any highly disproportionate and adverse economic effects on low-income service recipients. No FEMA or other known funding assistance is available to reduce monthly O&M fees. Infrastructure: The proposed action would temporarily increase traffic from construction vehicles. Normal traffic patterns in the service area would also be disrupted during construction. The Village's implementation of a traffic control plan during construction would reduce these adverse traffic affects in the service area. Minor, temporary disruption of wastewater service and other utilities would occur during construction. Potential long-term project effects on infrastructure are expected to be minimal. Land Use and Planning: The proposed action is not expected to change existing Village land use or growth rates and patterns. The Plantation Key Colony/North Plantation Key service area is almost completely built-out. The proposed WWTP site is zoned Suburban Commercial and would not have to be changed for the WWTP. Growth rates patterns would not be changed by the proposed action, and would continue to be limited by the Village's Building Permit Allocation System. The proposed action is consistent with the State's coastal zone plan per Coastal Zone Management Act compliance. Per the Coastal Barrier Resources Act, the proposed action would not be in a Coastal Barrier Resource System "Unit" (also known as "CoBRA Zone"). Noise and Visual Resources: Proposed project effects on ambient noise levels and visual resources are expected to be minimal. Noise levels at the WWTP site and in the Plantation Key Colony/North Plantation Key service area would increase during construction, but the overall decibel level would not pose any public health risks. Construction would have to be in compliance with the Village noise ordinance. Noise effects on construction workers could be more significant than on residents and tourists. However these may be mitigated through compliance with applicable occupational health and safety regulations. The WWTP would not adversely affect service area scenery because there are no natural, unique, or high quality views in the area. The WWTP may aesthetically affect adjacent residents. Landscaped vegetative screening would obscure view of the WWTP and reduce any adverse visual affects. Conclusions Based upon the PEA and SEA for the proposed action alternatives, and upon other supporting evidence, and in accordance with NEPA, CEQ guidelines for NEPA implementation, FEMA 44 CFR Part 10 (Environmental Considerations), and Presidential Executive Orders 11988 (Floodplain Management), 11990 (Wetlands Protection), and 12898 (Environmental Justice); FEMA has determined that the proposed action, as long as it is implemented with the SEA prescribed adverse affect minimization/mitigation measures and the Village obtains and adheres to all applicable permits for WWTP and wastewater collection system construction and operation (outlined in SEA), would have no significant adverse impacts on the human environment. Therefore, FEMA has determined that an Environmental Impact Statement will not be prepared. FEMA funding reimbursement is conditioned upon the Village fully complying with all applicable permit requirements and adverse effect mitigation measures, and providing FEMA with supporting compliance documentation. Recommended: ____________________________________ ____________________________________ A. Todd Davison, Director Date Science Kilner Date Mitigation Division Lead Environmental Specialist Approved: _______________________________ William R. Straw, Ph.D. Date Regional Environmental Officer